Guardianship & Administration

What is guardianship & administration?

When a person with disability needs someone else to make decisions for them, but they don’t have capacity to make a Power of Attorney, then the person who wants to be appointed to make those decisions needs to make an application to the Victorian Civil and Administrative Tribunal (VCAT) to be appointed as a guardian, an administrator, or both a guardian and an administrator.

What is a guardian?

A guardian is someone appointed by VCAT to make personal lifestyle decisions for a person with disability who is not able to make decisions for themselves. The decisions that a guardian can make include decisions about the person’s living arrangements, work arrangements, medical treatment, and other general lifestyle decisions. A guardian can’t make decisions about money or finances.

What is an administrator?

An administrator is someone appointed by VCAT to make financial and property decisions for a person with disability who is not able to make decisions for themselves. The decisions that an administrator can make include decisions about purchasing or selling property, dealing with bank accounts, making or managing investments, paying bills, and managing debts. An administrator can’t make personal or lifestyle decisions.

How do I make an application to become a guardian and/or administrator for a person with disability?

Many people make applications to VCAT without the need for assistance from a lawyer, however in more complex cases, or if you are simply unsure of what to do or where to start, it can be helpful to seek advice and assistance from a lawyer. If you would like legal advice on guardianship and administration matters we would be happy to provide advice on your matter.

Contact us today to arrange an appointment.  

For a list of suburbs we service please check out the Coverage page!