Capacity in Victorian Guardianship Law: Options for Reform
2019-10-29T08:52:41Z (GMT) by
The Victorian Guardianship and Administration Act 1986 (Vic) is currently under review by the Victorian Law Reform Commission. This article investigates the criteria that need to be established before a guardian can be appointed under the current Act, and draws on developments in other jurisdictions and in international law, as well as on expertise at Victoria’s Ofﬁce of the Public Advocate, to argue that these criteria should be amended. In particular, the article argues that the criteria should be more narrowly conﬁned to those situations where an impairment renders an individual unable to make a speciﬁc decision, or when the failure to appoint a guardian to make a particular decision would place an individual at an unacceptable risk of harm.