Fair, efficient justice for all Victorians

Guardianship and Administration Act 1986 applications

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

"Disability" means:

  • intellectual impairment
  • mental disorder
  • brain injury
  • physical disability
  • dementia.

Applications may include applications for an order:

  • appointing a guardian to make decisions with respect to a person’s lifestyle
  • appointing an administrator to manage a person's financial and legal affairs
  • revoking an attorney's appointment, or varying, suspending or making another order in relation to a financial EPA (enduring power of attorney) under the Instruments Act 1958
  • revoking or suspending an enduring power of attorney (medical treatment) under the Medical Treatment Act 1988
  • consenting to a "special procedure", that is:

- a procedure intended or likely to cause infertility;
- termination of pregnancy;
- removal of tissue for transplanting.

For more information on special procedures, please visit the Office of the Public Advocates website. 

Application to appoint a guardian or administrator

Applications can be made on the current Application to Appoint an Administrator, Guardian or to make orders regarding Enduring Powers of Attorney/Guardianship  together with supporting material that includes:

  • medical, psychological or other expert reports which establish that the person has a disability that affects decision-making;
  • reports from any social workers, case managers, or any other government department or service providers involved.

If you have difficulty, obtaining reports you should notify VCAT as soon as possible.

Urgent matters

Hearings are scheduled as soon as possible.

If you believe there is a problem that genuinely needs urgent attention you should mark your application "urgent".  Attach a letter setting out in detail your reasons for requesting an urgent hearing.  Follow your letter up with a telephone call to VCAT if necessary.

In an emergency you can telephone the Office of the Public Advocate to discuss applying for a temporary order - phone (03) 9603 9500.

Temporary guardianship or administration orders are valid for 21 days. VCAT will hold a hearing as soon as possible to decide if a guardianship or administration order should be made for a longer period.


Application to register an interstate order

Applications can be made on the Application to Register an Interstate Order form (available from the Forms and Guides box to the RIGHT of this page) together with supporting material including a copy of the order made in the other jurisdiction.


Application to reassess a guardianship or administration order

Applications can be made on the Application to revoke or reassess a Guardianship or Administration Order form (available from the Forms and Guides box to the RIGHT of this page) together with supporting material including evidence of a material change in circumstances such as a medical, psychological or other expert reports which establishes that the person has regained decision-making capacity.


Application for a rehearing

Applications can be made on the Application for a Rehearing form (available from the Forms and Guides box to the RIGHT of this page), setting out the reason for the application. 


Application to manage a missing person's affairs

VCAT can make an order appointing an administrator to manage the affairs of a missing person under 5A of the Guardianship and Administration Act 1986.

VCAT has the power to appoint an administrator, including a family member or close friend to manage a missing person's affairs in cases where;

  • it is unknown whether the person is alive,
  • the person has been missing for more than 90 days, and
  • where reasonable efforts have been made to find them.

Applications can be made on the Application regarding Missing Persons Estate form (available from the Forms and Guides box to the RIGHT of this page), together with supporting material that includes:

  • evidence that the person usually resides in Victoria;
  • evidence that there is a need, while the person is missing, for a decision to be made with regard to financial matters or property;
  • evidence to support that it is in the best interests of the missing person, for a person to be appointed while they are missing.

This evidence can be supplied in affidavit form or by witness statement.