Victorian Consolidated Legislation

Guardianship and Administration Act 1986 - SECT 35B

Authority of enduring guardian

35B. Authority of enduring guardian



(1) An instrument appointing an enduring guardian authorises the person
appointed to exercise the powers of a guardian in relation to the matters
specified in that instrument relating to his or her person or circumstances
if, and only to the extent that, the appointor subsequently becomes unable by
reason of a disability to make reasonable judgments in respect of any of those
matters.

(2) If an instrument appointing an enduring guardian does not specify the
matters in relation to which the person appointed may exercise the powers of a
guardian, the instrument authorises that person to exercise the powers of a
guardian under section 24 if, and only to the extent that, the appointor
subsequently becomes unable by reason of a disability to make reasonable
judgments in respect of any of the matters relating to his or her person or
circumstances.

(3) An instrument appointing an enduring guardian confers on the guardian in
respect of the appointor all the powers and duties which the guardian would
have if he or she were a parent and the appointor his or her child to the
extent that the instrument authorises the guardian to exercise such powers and
duties.

(4) An enduring guardian cannot, on behalf of the appointor, consent to any
special procedure.

(5) An enduring guardian must exercise his or her authority in accordance with
section 28.