Guardianship and Administration Victoria: Ethical Issues

12190 Words49 Pages
‘WHEN WOULD YOU MAKE AN APPLICATION FOR A GUARDIANSHIP AND/OR ADMINISTRATION ORDER? WHAT ARE LEGAL AND ETHICAL ISSUES AS WELL AS THE TENSIONS INVOLVED IN MAKING SUCH AN ORDER? HOW WOULD YOU RESOLVE THESE ISSUES? AUTHOR: Carol Fraser C O N T E N T S 1. INTRODUCTION 3 2. WHEN SHOULD A GUARDIANSHIP OR ADMINISTRATOR 4 ORDER BE APPOINTED? 3. ETHICAL AND LEGAL ISSUES – TENSIONS AND CONFLICTS 9 IN SEEKING GUARDIANSHIP/ADMINISTRATOR 4. ALTERNATIVES TO GUARDIANSHIP AND RESOLUTIONS TO 20 THE CONFLICTS AND TENSIONS 5. CONCLUSION 23 6. APPENDIX 1 - RATIONALE FOR THE IMPLEMENTATION OF 25 GUARDIANSHIP LEGISLATION 7. APPENDIX 2 - BACKGROUND TO THE ACT 29 APPENDIX 3 - DEFINITION OF THE TERMS ‘GUARDIANSHIP’ 32 AND “ADMINISTRATION’ 9. BIBLIOGRAPHY 33 INTRODUCTION The imposition of guardianship and/or an administrator is a very serious situational event even if it is implemented with benevolent intent. The reason for this is that several paradoxes exist in the appointment of guardians to protect the interests of incompetent and frail elderly disabled adults. Contradiction exists at the very core and center of guardianship jurisdiction. This is because according to Carney and Tait (1997) p. 47, guardianship laws utilize a modern rhetoric in relation to personal rights. Such rights deem to promote not only autonomy but also are geared towards fostering independence and assisting those disabled, incapacitated and incompetent elderly to participate in social life. The guardianship laws exist to protect ‘the best interests of the incompetent and disabled person’ and to ‘act in their best interests’. However, paradoxically,
Open Document