Guardianship and Administration

Everyone is entitled to make their own autonomous decisions. However, sometimes a person is unable or not capable of making their own decisions due to their lack of capacity or disability. In such instances, the Victorian Civil and Administrative Tribunal (VCAT) has the power to appoint a guardian or administrator to make decisions on their behalf.

Any person can apply to VCAT to be appointed as a guardian or administrator for a loved one if they believe a person is no longer capable of making their own decisions.

If VCAT appoints an administrator, this means that person can make a financial and or legal decision about the represented person’s estate. Decisions can include paying the bills or selling a house. A person who applies for administration must be over the age of eighteen years.

Everyone is entitled to make their own autonomous decisions. However, sometimes a person is unable or not capable of making their own decisions due to their lack of capacity or disability. In such instances, the Victorian Civil and Administrative Tribunal (VCAT) has the power to appoint a guardian or administrator to make decisions on their behalf.

Any person can apply to VCAT to be appointed as a guardian or administrator for a loved one if they believe a person is no longer capable of making their own decisions.

If VCAT appoints an administrator, this means that person can make a financial and or legal decision about the represented person’s estate. Decisions can include paying the bills or selling a house. A person who applies for administration must be over the age of eighteen years.

In some cases, VCAT can appoint a guardian if a person is unable to make reasonable decisions due to their disability or if a decision cannot be reached about what is in the best interest of the person with the disability. The sorts of decisions a guardian can make on behalf of a person with a disability depends on the type of order granted by VCAT. VCAT can make a range of orders that pertain to where the represented person lives, works or accesses services or organisations. It is important to note that a guardian is unable to make financial decisions on behalf of a person with a disability.

In addition to the above, VCAT also has powers to make orders in relation to powers of attorney signed by the person who no longer has capacity to manage their financial and legal affairs if you have concerns regarding the validity or the use of a power of attorney by an appointed attorney.

This includes:

  • Suspending, cancelling or varying an appointment
  • Determine whether an appointment under a power of attorney is valid.
  • Resolve disputes between attorney
  • Determine whether an attorney has acted within their power
  • Make orders for compensation for loss caused when an attorney has not acted within their scope of power

If you have concerns about any of the above matters, please do not hesitate to contact our experienced Wills & Estates solicitors for advice to ensure the best interests of your loved ones are being met.

To book a consultation with our wills & estates solicitor, call us today on 03 9366 5555.