Victorian Consolidated Legislation

Guardianship and Administration Act 1986 - SECT 35A

Appointment of enduring guardian

35A. Appointment of enduring guardian



(1) A person who is of or over the age of 18 years may, by instrument in
writing, appoint a person to be his or her enduring guardian.

(1A) A person may, in the same instrument, also appoint a person to be an
alternative enduring guardian.

(1B) An alternative enduring guardian takes the place of, and has the same
powers as, the original enduring guardian if that person is incapable of
acting as the enduring guardian or is absent for a period.

(2) An instrument to appoint an enduring guardian is effective if-

   (a)  it is in the form of, or to the effect of, Form 1 in Schedule 4; and

   (b)  it is endorsed with an acceptance in the form set out in Form 1 in
        Schedule 4 signed by the person appointed as the enduring guardian and
        the person appointed as the alternative enduring guardian (if any);
        and

   (c)  the execution of the instrument by each of the appointor, the proposed
        enduring guardian and the proposed alternative enduring guardian (if
        any) is attested by two witnesses-

   (i)  neither of whom is a party to the instrument nor a relative to a party
        to it; and

   (ii) neither of whom is the person appointed as the enduring guardian or
        alternative enduring guardian (if any); and

   (iii) both of whom have witnessed the execution of the instrument by the
        appointor, the proposed enduring guardian or the proposed alternative
        enduring guardian (as the case requires) in the presence of that
        person and each other; and

   (iv) one of whom is authorised by law to witness the signing of a statutory
        declaration.

(2A) For the avoidance of doubt, it is not necessary-

   (a)  for the same persons to witness the execution of the instrument by the
        appointor, the proposed enduring guardian and the proposed alternative
        enduring guardian (if any); or

   (b)  for the appointor, the proposed enduring guardian and the proposed
        alternative enduring guardian to execute the instrument at the same
        time or in the presence of each other.

(3) A person is not eligible to be appointed as an enduring guardian or
alternative enduring guardian unless he or she is of or over the age of 18
years.

(4) A person is not eligible to be appointed as an enduring guardian or
alternative enduring guardian by another person if he or she is, in a
professional or administrative capacity, directly or indirectly responsible
for, or involved in, the care or treatment of or provides accommodation to
that other person.

(5) If a person who was validly appointed as an enduring guardian or
alternative enduring guardian becomes ineligible to be appointed because of
subsection (4), that person's appointment lapses.