VCAT Guardianship and Administration – How Lawyers Can Help
When a person is unable to make important decisions about their personal or financial affairs due to disability, illness, or injury, the Victorian Civil and Administrative Tribunal (VCAT) can appoint a guardian or administrator to make decisions on their behalf. This process is governed by the Guardianship and Administration Act 2019 and is handled within VCAT’s Guardianship List.
At Velos & Velos Lawyers, we assist clients with every step of the VCAT guardianship application process, ensuring your rights and interests are protected.
What is VCAT Guardianship?
A guardianship order is made when a person lacks decision-making capacity for personal matters such as living arrangements, medical treatment and daily care. VCAT may also make administration orders for financial affairs and legal affairs, appointing an administrator to manage these responsibilities.
Guardianship and administration can apply in situations involving elderly individuals, people with intellectual or physical disabilities, acquired brain injuries, or mental illness. In some cases, VCAT will appoint the Public Advocate or State Trustees Limited if no suitable private person is available, acting as a guardian of last resort.
What is VCAT Administration?
VCAT administration refers to orders made by the Victorian Civil and Administrative Tribunal (VCAT) when a person is unable to manage their own financial and legal affairs due to disability, illness, or injury. Under the Guardianship and Administration Act 2019, VCAT may appoint an administrator to make decisions about money, property, debts, and investments. This process ensures the person’s best interests are protected while maintaining accountability through regular reporting. VCAT administration is distinct from guardianship, which relates to personal matters. Lawyers can assist with VCAT administration applications, representation at hearings, and disputes about proposed administrators.
What is the difference between a VCAT Guardian and an Administrator?
A VCAT guardian may be authorised to make decisions about a person’s health and daily lifestyle, while a VCAT administrator is responsible for managing financial matters—such as handling bank accounts, buying or selling property, and paying expenses.
The Role of the Office of the Public Advocate
The Office of the Public Advocate plays a key role in protecting the rights of people with impaired decision-making capacity. They can be appointed as Advocate guardian or administrator when necessary, and also provide guidance to supportive guardians and supportive administrators under supportive guardianship or supportive administration orders. These limited orders allow the person to retain as much independence as possible, with the supportive guardian or supportive administrator assisting with specific decisions.
The VCAT Guardianship Application Process
Applying for guardianship at VCAT involves lodging the appropriate forms, providing medical and other evidence and attending a VCAT hearing. The process generally follows these steps:
- Application – A guardianship application to VCAT must outline why the person cannot make their own decisions and what decisions need to be made.
- Evidence – Medical reports, disability support assessments and statements from family or carers are required to establish the person’s decision-making capacity.
- VCAT Guardianship List – Applications are heard in the Guardianship List, which deals exclusively with guardianship and administration matters.
- Hearing – At the hearing, VCAT will consider whether to appoint a guardian, administrator, or both.
- Orders – VCAT may make a guardianship order, an administration order, or a supportive administration order. They may also appoint a guardian of last resort, such as the Public Advocate or State Trustees Limited.
- Compulsory Conference – In some cases, VCAT will hold a compulsory conference to help parties agree on a suitable guardian or administrator before making a decision.
How Lawyers Can Help with VCAT Guardianship and Administration
Navigating a guardianship matter can be complex, emotional and time sensitive. Our experienced lawyers can:
- Prepare your application – ensuring all relevant evidence is gathered and presented in a way that meets VCAT requirements.
- Represent you at hearings – Barristers and/or Solicitors are able to advocate for your preferred guardian or administrator and opposing inappropriate appointments.
- Protect the person’s rights – making sure any orders are as limited as necessary to preserve independence, in line with the Guardianship and Administration Act 2019.
- Resolve disputes – assisting with disagreements between family members, healthcare providers or service agencies.
- Advise on medical treatment decisions – including matters under the Medical Treatment Planning and Decisions Act 2016.
- Assist with changes to orders – if circumstances change, we can apply to vary or revoke an existing guardianship or administration order.
When You Might Need a Lawyer
You should seek legal advice if:
- You are applying for guardianship or administration for a loved one.
- You believe a guardian of last resort is being appointed unnecessarily.
- There are disputes between potential guardians or administrators.
- You need guidance on legal decisions, personal matters, or financial affairs for someone with impaired capacity.
- You want to appeal or change a VCAT decision.
Contact Velos & Velos Lawyers
Take urgent action
If you need help with a VCAT guardianship application, require advice about the Guardianship List, or want guidance on your rights and responsibilities under a guardianship order or administration order, contact Velos & Velos Lawyers today.
We have decades of experience assisting clients with guardianship and administration matters, ensuring that the best interests of vulnerable individuals are protected.
Call us on 03 8379 1000 or complete our online enquiry form to arrange a confidential consultation.
Learn more about our services as VCAT Lawyers in Melbourne.
