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Administration & Guardianship

    Administration

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    Administration FAQs

        What is the difference between guardianship and administration orders?

        Who decides whether a guardian or administrator is needed and who to appoint?

        Who can be appointed as guardian or administrator?

        What can be done if a guardian or administrator is not making the best decisions?

        Can an administrator charge a fee?

        Can someone be appointed as an administrator for a missing person?

        Where can I get a Victorian Civil and Administrative Tribunal application form?

    Guardianship

        What decisions can a guardian make?

        Temporary guardianship orders

        Best interests and mediation

        Providing guardianship for Jenny – a case example

        What is an enduring power of guardianship?

    Guardianship FAQs

        What is the difference between guardianship and administration orders?

        Who decides whether a guardian or administrator is needed and who to appoint?

        Who can be appointed as guardian or administrator?

        What sort of decisions can an enduring guardian make?

        Where can I get a Victorian Civil and Administrative Tribunal application form?

        Can a guardian appointed by the Victorian Civil and Administrative Tribunal make all lifestyle decisions?

        Is there any difference between an enduring guardian and a guardian appointed by the Victorian Civil and Administrative Tribunal?

        How many people can be appointed as enduring guardian?

        When does the power begin?

        Who can witness the Enduring Power of Guardianship?

        What should be done with the Enduring Power of Guardianship form when it is completed?

        Can an Enduring Power of Guardianship be changed?

        Can an enduring guardian delegate their power to anyone else?

        What can be done if a guardian or administrator is not making the best decisions?

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Medical consent

    Medical Consent FAQs

        Who can consent to medical treatment for a patient who is unable to consent themselves?

        When is consent not needed?

        What if there is disagreement about the medical treatment being provided?

        Can medical treatment be refused for a patient who is unable to make these decisions?

        What happens if a patient who is unable to consent themselves doesn’t have any family or guardian?

        Can an agent appointed under an Enduring Power of Attorney (medical treatment) make decisions about organ donation or an autopsy?

        What happens if an agent appointed under an Enduring Power of Attorney (medical treatment) agent is not able to or no longer wants to carry out that role?

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Powers of attorney

    Powers of attorney FAQ

        Why would I need a power of attorney?

        Enduring powers and general power of attorney; which one is right for you?

        What is an Enduring Power of Guardianship?

        What kinds of decisions can I give other people the power to make?

        Who can witness statutory declarations in Victoria?

    Enduring Power of Attorney (financial) FAQ

        How many people can be appointed as attorney?

        Do the alternative attorneys have to sign the statement of acceptance form?

        What is the difference between jointly, and, jointly and severally?

        Can an attorney charge a fee?

        When does the power begin?

        Can someone appointed as an attorney under an Enduring Power of Attorney (financial) also make decisions about medical treatment?

        I have an Enduring Power of Attorney made before 2004 on a form that just says Enduring Power of Attorney. What sort of power is this? Is it still valid?

        Who can witness an Enduring Power of Attorney (Financial)?

        What should be done with the Enduring Power of Attorney (financial) form when it is completed?

        Can an Enduring Power of Attorney (financial) be changed?

        Can an attorney delegate their power to anyone else?

        Does the attorney have to tell other family members about the decisions they are making?

        Does the attorney need to keep accounts?

        Can an Enduring Power of Attorney made in another state be used in Victoria?

        Can an Enduring Power of Attorney - financial made in Victoria be used in overseas?

        Can a person living overseas make an Enduring Power of Attorney (financial) for use in Victoria? Who can witness the document?

    Enduring Power of Attorney (medical treatment) FAQ

        How many people can be appointed as agent?

        When does the power begin?

        Who can witness the Enduring Power of Attorney (medical treatment)?

        What should be done with the Enduring Power of Attorney (medical treatment) form when it is completed?

        Can an Enduring Power of Attorney (medical treatment) be changed?

        Can an agent delegate their power to anyone else?

        What sort of decisions can an agent make?

    Enduring Power of Guardianship FAQ

        What is an Enduring Power of Guardianship?

        How does it work?

        Why would I give someone this power?

        What type of decisions can a guardian make?

        Are there healthcare/medical decisions that my guardian cannot agree to?

        Can my guardian decide that I participate in a medical research procedure?

        Who can appoint a guardian?

        What is capacity?

        Who should I choose to be a guardian?

        What are the responsibilities of the guardian?

        Can guardians access advice?

        How do I make an Enduring Power of Guardianship?

        What if I change my mind?

        What safeguards are in place?

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