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Safeguarding the rights and interests of people with disability.

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  • What these words mean
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What these words mean

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administrator: a person appointed by the Guardianship List of the Victorian Civil and Administrative Tribunal (VCAT) to make financial and legal decisions on behalf of someone with a disability who is unable to make those decisions for themself

accommodation provider: a person who is, in a professional or administrative capacity, directly or indirectly responsible for or involved in the provision of accommodation to the individual

affidavit: a written statement that is confirmed by the oath or affirmation of the party making it before a person authorised to receive affidavits. The statement is witnessed by a person authorised under section 123C of the Evidence (Miscellaneous Provisions) Act 1958

agent: another name for an attorney, used in an enduring power of attorney (medical treatment)

alternative attorney: a person appointed to stand in place of an attorney in the event of xxx

appointed to act jointly: when two people are appointed as attorneys and both must agree on a decision for that decision to be valid

appointed to act jointly and severally: when two or more people are appointed as attorneys and either one or all can make a valid decision

appointed to act by majority: when three or more people are appointed as attorneys and a majority of those appointed need to agree on a decision for that decision to be valid

appointed to act severally: when two or more people are appointed as attorneys and either can make a valid decision

attorney: a person appointed to make decisions about financial matters, personal matters, or both financial and personal matters for another person

care worker: a person who performs services for the care of an individuals and receives remuneration for those services, but does not include a carer payment from the government for providing home care for the individual or a person who is a health provider

certified copy: copy of a document which an authorised person has certified.

close friend: a person who has a close personal friendship with another person and an interest in that person’s welfare

decision making capacity: having the ability to understand the information relevant to this decision and the effect of the decision, and retain that information to the extent necessary to make the decision, and use or weigh that information as part of the process of making the decision and communicate the decision and the person’s views and needs as to the decision in some way, including by speech, gestures or other means.

deed: a document that is signed, sealed and delivered

enduring: in this setting it means the power continues (endures) even if the person giving it loses the capacity to make decisions about matters

financial matters: any matter relating to the principal’s financial or property affairs and includes any legal matter that relates to the financial or property affairs of the principal. Examples of financial matters are:

  • making money available to the principal for the principal’s personal expenditure;
  • paying expenses for the principal
  • paying debts of the principal
  • receiving and recovering money payable to the principal
  • carrying on any trade or business of the principal
  • performing any contracts entered into by the principal
  • discharging any mortgage over the principal’s property
  • paying rates, taxes and insurance premiums or other outgoings for the principal’s property
  • insuring the principal’s property
  • preserving or improving the principal’s property
  • making investments for the principal
  • undertaking any real estate transaction for the principal
  • withdrawing money from or depositing money into an account of the principal with a financial institution.

guardian: a person appointed by the Guardianship List of VCAT to make personal lifestyle decisions, such as decisions about where the person will live. A guardian only makes decisions for someone who is unable to make those decisions themself

Guardianship List: part of VCAT that has power to make orders about enduring powers of attorney
health provider: a person who provides health care in the practice of a profession or in the ordinary course of business

legal matters: use of legal services for the principal’s benefit; or bringing or defending a legal proceeding or hearing in a court, tribunal or other body on behalf of the principal, including settling a claim before or after a legal proceeding or hearing starts.

personal matters: any matter relating to the principal’s personal or lifestyle affairs but does not include any matter that relates to medical treatment or medical research procedures. Personal matters include any legal matter that relates to the principal’s personal or lifestyle affairs. Examples of personal matters are:

  • where and with whom the principal lives;
  • persons with whom the principal associates;
  • whether the principal works and, if so, the kind and place of work and employer;
  • whether the principal undertakes education or training, the kind of education or training and the place where it takes place;
  • daily living issues such as diet and dress.

principal: the person who makes the enduring power of attorney

relative: any of: spouse or domestic partner, child, parent or step-parent, sibling or step-sibling; grandparent, grandchild, uncle or aunt, nephew or niece

statutory declaration: a document in which a person makes a statement and acknowledges that it is made in the belief that, if the statement is false, the person is liable to penalties for perjury. The statement is witnessed by a person authorised under section 107A of the Evidence (Miscellaneous Provisions) Act 1958
Victorian Civil and Administrative Tribunal (VCAT): deals with disputes, including guardianship and administration matters

witness: a person who is present when someone signs a document and who confirms that the signature is genuine by adding their own signature

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The Office of the Public Advocate is located on the land of the Traditional Owners, the Wurundjeri people of the Kulin Nations. We acknowledge their history, culture and Elders both past and present.