Event and Time
Event Description
On 30 November 2017, Konstantin German filed an application with the Victorian Civil and Administrative Tribunal (VCAT) under the Guardianship and Administration Act 1986 (Vic) to be appointed as the guardian and administrator for his mother, EG. This application was contested by EG’s estranged husband, Naoum Germantsis, and her other sons.
Application and Claims
- Konstantin German's Application: Sought to be appointed as guardian and administrator for his mother, claiming she needed assistance due to her disability.
- Contesting Party’s Claims: Naoum Germantsis and other sons argued EG required an independent guardian and administrator, not a family member.
Judicial Decisions
On 15 January 2018, the Tribunal found EG had a "disability" and appointed the Public Advocate as guardian and State Trustees Ltd as administrator instead of Mr German. The order included timelines for reassessment.
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Dispute Points and Legal Basis
Dispute Points
- German's Arguments: Believed he was the best candidate for guardianship and administration, as he had been caring for EG and she expressed a desire for him to take these roles.
- Estranged Husband and Sons' Position: Argued for an independent guardian, fearing potential bias and conflicts of interest from family involvement.
- Tribunal’s Response: Focused on whether EG was in need of a guardian, taking into account her wishes, medical evidence, and capacity for decision-making.
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Ruling and Impact
Ruling Result
- The Tribunal dismissed Mr German's applications for guardianship on 21 May 2020, concluding that EG did not need a guardian.