Villamanta Disability Rights Legal Service

“My adult son has an intellectual disability and does not understand things like surgery and medical procedures. Should I apply for guardianship so I can make these decisions if something happens to him?”

“The doctor said my daughter needs a guardian before they can agree to treat her. Is that true?”

In Victoria section 55 of the Medical Treatment Planning and Decisions Act 2016 explains who can make medical treatment for anybody who is unable to make the decision themselves. There is no need to apply for a formal order if there is one of the following available:

  •  a spouse or partner
  • a primary carer
  • an adult child
  • a parent
  • a sibling

The Office of the Public Advocate has more information about this on their website, including:

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