What is Guardianship and Administration?

Yarra Valley Legal

What is Guardianship and Administration

If someone can’t make a Power of Attorney, then Guardianship and Administration is the next option.

When a person with a 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 guardianship?

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 administration

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 become a Guardian and/or Administrator?

To become a Guardian or Administrator (or both) for a person with a disability, you need to make an application to VCAT. VCAT doesn’t always appoint the person who makes the application, and they will make orders which are the least restrictive possible to the person with the disability, so the powers granted might not cover all of the situations that arise.

Many peoples make applications to VCAT without the needs 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.

So What now?

Contact us today to book an appointment to discuss your Guardianship and Administration matter.

Call us 03 5929 7010

Email us