Changes to guardianship legislation in Victoria commence on 1 March 2020.
The Guardianship and Administration Act 2019 repeals and replaces the Guardianship and Administration Act 1986 from 1 March 2020.
Described by Attorney-General Jill Hennessy as ‘the biggest changes to Victoria’s guardianship and administration laws in more than 30 years‘, the amendments are aimed at ensuring greater protections for adults with a disability who have impaired capacity to make and participate in decisions that affect their lives.
As a result of the new legislation commentaries in the following By Lawyers Guides have been updated:
- Probate;
- Letters of Administration;
- Wills;
- Powers and Advance Care Directives;
- County Court – Acting for the plaintiff and Acting for the defendant;
- Magistrates Court – Acting for the plaintiff;
- Supreme Court – Acting for the plaintiff and Acting for the defendant; and
- Personal Injury.
When announcing the amendments, the Attorney General stated that: ‘The changes reflect a more modern understanding of decision-making capacity and disability, and ensure that a person’s will and preferences are followed where possible and appropriate.’
The updates to our Guides were overseen by our highly experienced author Rossyln Curnow.
By Lawyers are committed to always keeping our subscribers up-to-date.