Victorian Consolidated Legislation

Guardianship and Administration Act 1986 - SECT 22

Guardianship order

22. Guardianship order



(1) If the Tribunal is satisfied that the person in respect of whom an
application for an order appointing a guardian is made-

   (a)  is a person with a disability; and

   (b)  is unable by reason of the disability to make reasonable judgments in
        respect of all or any of the matters relating to her or his person or
        circumstances; and

   (c)  is in need of a guardian-

the Tribunal may make an order appointing a plenary guardian or a limited
guardian in respect of that person.





(2) In determining whether or not a person is in need of a guardian, the
Tribunal must consider-

   (a)  whether the needs of the person in respect of whom the application is
        made could be met by other means less restrictive of the person's
        freedom of decision and action; and

   (ab) the wishes of the proposed represented person, so far as they can be
        ascertained; and



   (b)  the wishes of any nearest relatives or other family members of the
        proposed represented person; and

   (c)  the desirability of preserving existing family relationships.

(3) The Tribunal cannot make an order under subsection (1) unless it is
satisfied that the order would be in the best interests of the person in
respect of whom the application is made.

(4) The Tribunal cannot make an order appointing a plenary guardian unless it
is satisfied that a limited guardianship order would be insufficient to meet
the needs of the person in respect of whom the application is made.

(5) Where the Tribunal makes an order appointing a limited guardian in respect
of a person the order made must be that which is the least restrictive of that
person's freedom of decision and action as is possible in the circumstances.