Hi there. It sounds like you are in a difficult position. As your brother is an adult (i.e. aged over 18 years), there are not many legal options available for controlling his living or parenting arrangements.

One option is for you or your father to apply for guardianship over your brother. In Victoria, a guardian is a person who, once appointed, can legally make lifestyle decisions for another person (the ‘represented person’), such as those relating to health, accommodation and access to services. The represented person must have a disability, which generally includes Autism Spectrum Disorders.

An application for guardianship is made to the Victorian Civil and Administrative Tribunal (VCAT). A hearing is held to determine whether the represented person has a disability and whether their disability prevents them from making reasonable judgments. Before granting guardianship, the tribunal must consider whether the represented person’s needs could be met by other means less restrictive of the person’s freedom of decision and action. The tribunal must also give effect, where possible, to the wishes of the represented person.

If you or your father were to successfully apply for guardianship (or joint guardianship) over your brother, you would be able to make lifestyle decisions for him, such as where he lives. Another option is to apply to be an administrator, which would allow you to make financial and legal decisions on behalf of your brother.

Suggested way forward

The VCAT website has helpful information about guardianship orders (www.vcat.vic.gov.au). You may want to consider speaking to a family lawyer about your legal options and the best course of action. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.