The Office of the Public Advocate has developed a set of Guardianship Standards, to practically inform represented persons and interested parties what they can expect of guardians in the performance of their duties. These standards conform to the National Guardianship standards.

Provide information

In providing information, guardians will meet the following standards:

1. Provide information to the represented person (where appropriate), the original applicant and the primary carer about the guardian’s role and authority regarding the represented person and guardianship service standards.
2. Where appropriate, guardians will ensure that information about substitute decision-making is provided to primary health care practitioners, for example the represented person’s treating doctor, Royal District Nursing Service or Community Nurse.

Seek views

In seeking views, guardians will meet the following standards:

1. Seek and consider the views of the represented person when making guardianship decisions. Wherever possible this will happen through personal contact subject to urgency and geographical location of the represented person and the guardian.
2. Where possible, guardians will give effect to the wishes of the represented person.
3. Visits and contact will continue as needed to assist the guardian in supporting and promoting the represented person’s welfare and interests through guardianship and advocacy.
4. Seek and consider the views of (other) family and key people involved with the represented person about any significant decisions.
5. Take into consideration the recommendations of health care professionals and other service providers involved with the represented person, as the decision requires.
6. Consider the views of anyone genuinely involved with the represented person, where these views are put to the guardian and concern guardianship issues.
7. Seek the reasons for, and take account of, the objections of the represented person or key interested party, to a proposed course of action. The guardian will consider ways to achieve their wishes or resolve the dispute, if possible.
8. The guardian will consider and advocate for the least restrictive alternative that meets the needs of the represented person.

Make decisions

In making guardianship decisions, guardians will meet the following standards:

1. Make decisions according to the legislative provisions and principles and the authority of the current order.
2. Provide written reasons for major decisions on request of the represented person or key interested parties.

Record Information

In recording information, guardians will:

1. Record decisions, including any time frames or conditions.
2. Record the significant details of all contacts made and decisions taken, in relation to the guardianship of the person.
3. Record the reasons for all major guardianship decisions, including the key facts of the matter, relevant views of the represented person and other parties and the guardian’s reasoning.

Participate in guardianship reassessments

Guardians participating in guardianship reassessments will meet the following standards:

1. Request a reassessment of the current guardianship order by VCAT, if the guardian believes a revocation of the order or a change in the order will assist in better promoting or safeguarding the welfare and interests of the represented person.

Prior to the reassessment hearing the guardian will:

1. Provide a report to VCAT detailing the decisions made and a recommendation regarding the continuing need for a guardianship order. Where possible the guardian’s report should be in writing.

In preparing the report the guardian will:

1. Consult with the represented person, as far as possible, to determine their views.
2. Consult with relevant key parties and include their views in the report.
3. Recommend the continuation of the guardianship order only where there is evidence that the represented person currently needs decisions to be made and where guardianship can realistically achieve outcomes for the represented person.

Ensure privacy and confidentiality

To ensure appropriate standards of privacy and confidentiality, guardians will meet the following standards:

1. Protect the privacy and confidentiality of the represented person and the key people in their lives.
2. Ensure that only information relevant to the carrying out of the decision is released by the guardian.