Office of the Public Advocate, Victoria, Australia

Promoting the human rights, interests and dignity of Victorians with a disability

Phone:1300 309 337

Securing their Future - for parents with children and adult children with a decision-making disability - summary

Who is this publication for?

This publication is written for the parents of a child with a decision-making disability. This is a phrase we use in this publication to refer to children or adult children who are unable to make day-to-day decisions for themselves.

This can be as a result of:

  • an intellectual disability
  • a mental illness
  • acquired brain damage.

Securing their future covers:

  • enduring powers of attorney
  • guardiandhip and administration
  • wills and estate planning.

Why is planning important?

If you have a child with a decision-making disability you may be concerned about the care of your child if something happens to you. This could happen while you are alive, for example, you are in a car accident and lose your ability to make legal decisions, or when you die.

The law helps you plan by allowing you to:

  • choose a person to make decisions for you if you cannot do this yourself
  • be informed about the appointment of a guardian or administrator to make decisions on behalf of your child when they are an adult and need a decision to be made
  • decide how your assets and belongings will be passed on after you die.

By taking the initiative and preparing, you are doing your best to see that your children are provided for. Parents must organise and invest their assets with particular care. Guardianship and administration, or making an enduring power of attorney (financial), a will and planning your estate, are all vital steps in providing for children with a decision-making disability.

The aim of this publication is to make sure you have enough background information to decide what legal steps you want to take.

Download: Securing Their Future 717.9kb PDF

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