1Comprehensive retrospective neuropsychological evidence of dementia-related incapacity can rebut the statutory presumption of decision-making capacity and outweigh a contemporaneous general practitioner's certification of capacity at the time an enduring power of attorney was executed.
2Where significant conflict exists between family members who are potential decision-makers, the appointment of an independent guardian (here the Public Advocate) may be necessary to ensure objective decisions about access to persons, even where a valid earlier power of attorney remains on foot.
3The will and preferences of the proposed represented person must be considered under s 31 of the Guardianship and Administration Act 2019 (Vic), but where the person lacks capacity and there is evidence of exposure to harm, a guardianship order promoting personal and social wellbeing may be made notwithstanding the person's preference not to have a guardian appointed.
