Guardianship and administration

The Guardianship and Administration Act 1986 recognises that adults (those over 18 years of age) who are not able to make decisions for themselves may need additional support and assistance. Incapacity is the inability of a person to look after their own health, safety or welfare or manage their affairs. We assist and appear on behalf of clients who wish to make an application to Victorian Civil and Administrative Tribunal to appoint a guardian or administrator.

We can assist and appear on behalf of clients who wish to make an application to VCAT to appoint a guardian or administrator for a person aged 18 years or over who, as result of intellectual impairment, mental disorder, brain injury, physical disability, or dementia are unable to make “reasonable decisions” concerning themself, their circumstances or their financial and legal affairs. The role of a guardian is to make decisions with respect to a person’s lifestyle whereas the role of an administrator is to manage a person’s financial and legal affairs.

We can also assist and appear on behalf of clients who wish to make an application to revoke, vary or suspend an attorney’s appointment or order made by the Tribunal. Additionally, we can also assist in making an application to consent to a “special procedure”, for example, a procedure intended or likely to cause infertility, termination of pregnancy, or removal of tissue for transplanting.