Office of the Public AdvocateIt’s supposed to be a last resort: a guardianship order made to give an advocate, family member or state representative the power to make decisions on behalf of someone, once a tribunal rules they no longer have that capacity.
But as the disability royal commission has heard this week, the orders are routinely being used due to time shortages, a misunderstanding of the system, or simply to plug gaps.
Dr Colleen Pearce is Victoria’s Public Advocate, acting as the “guardian of last resort” for adults with disabilities. Guardianship orders are put in place for a limited amount of time and are generally reviewed annually. But, she said, the NDIS was complicating things as guardians struggled to understand and implement funding plans, dragging out the guardianship order.
