Applying to VCAT for Guardianship or Administration orders

The role of the Guardianship list is to protect persons aged 18 years or over who, as a result of a disability, are unable to make reasonable decisions about their person or circumstances or their financial and legal affairs.

Applications for orders to the VCAT Guardianship List may include:

• appointing a guardian to make lifestyle decisions and/or health care decisions;
• appointing an administrator to manage financial and legal affairs;
• revoking an attorney’s appointment, or varying, suspending or making another order in relation to a financial Enduring Power of Attorney (for example, to rectify a breach, limit an attorney’s authority or request that an attorney produce accounts for an independent audit);
• declaring that an Enduring Power of Attorney is invalid.

You should accompany an application with relevant reports such as expert medical and/or psychological reports, and reports from other service providers such as social workers or case managers. In order for an application to be successful VCAT must determine that there is a disability that prevents a person making reasonable decisions.

See the VCAT website for forms and guides to their completion, for example:

• Application to appoint an administrator or guardian or to make orders regarding enduring powers of attorney/guardianship
• Application to revoke or reassess a Guardianship or Administration order

In special circumstances, urgent hearings can be scheduled and temporary orders can be made. Video link hearings can be arranged for your client if they are unable to attend at VCAT.