What do you want to do ?
Application checklist
Review the information below to ensure you have the right information and documents ready for your application.
1
Get advice
Before you apply to VCAT, contact the Office of the Public Advocate Advice Service on 1300 309 337. They can explain your options to help you in your situation.
2
Understand who can apply
You can apply if you have a relationship with the person who you are appointing a guardian or administrator for. For example, you could be the person’s:
- partner
- child
- parent
- case manager.
You don’t have to take on the role of guardian or administrator to apply for one to be appointed.
3
Know what you can ask for
We can appoint an independent decision maker as a guardian or administrator if there’s no other suitable person.
A person must be at least 18 years old to be represented by a guardian or administrator.
They must also have a disability that affects their decision-making capacity in one of the following ways:
- They are unable to understand and remember information relevant to making a decision.
- They can’t use or communicate that information to make a decision.
- They can’t express their views or needs.
The cause of the disability may be a:
- neurological impairment
- intellectual impairment
- mental disorder
- brain injury
- physical disability
- dementia.
Guardians and administrators must follow the law set out in the Guardianship and Administration Act 2019. This law makes sure the rights, interests and wishes of the person they are representing are promoted.
We appoint the Public Advocate, State Trustees Limited or a similar body if there’s no one suitable who agrees to take on the role.
What’s State Trustees?
State Trustees Limited (STL) is a state government-owned company which is available to be appointed as an administrator. The order appointing State Trustees as an administrator sets standard fees.
State Trustees reports to us about the financial affairs of the represented person.
If you are an administrator, we also arrange for State Trustees to review your annual report to us. You pay for this service from the funds of the person under administration. If State Trustees has questions about your annual report, we tell you as the administrator and expect them to be resolved.
4
Talk to the person you want to nominate
If you nominate someone other than yourself as a guardian or administrator, supportive guardian or supportive administrator, talk to them about it before you apply to us.
You must make sure they are willing and able to take on the responsibilities of the role and come to the hearing.
If you want to nominate a professional administrator, for example a solicitor or trustee company:
- talk to them about their fees
- get their consent to an appointment in writing before the hearing and bring it with you to the hearing.
You can also ask VCAT to decide who should be the guardian or administrator if there is no-one prepared to take on the role.
VCAT will decide who is the best person or organisation to take on the role.
For more information about what it takes, see guardians, administrators or supporting guardians and administrators
5
Understand how we make decisions
Wherever it’s possible, we promote supporting people to make decisions for themselves rather than having decisions made for them.
If this isn’t possible because a person doesn’t have decision making ability, we make decisions that focus on what is important to the person, what is the least restrictive decision and what supports the person's personal and social wellbeing.
When we decide if a person needs a guardian or administrator, we must:
- consider what’s important to the represented person and their preferences assess alternative dispute resolution options
- consider the wishes of the primary carer or relative.
6
Have these documents ready
A completed medical report template. This report must state that a person has a disability and that it affects the person's capacity to make their own reasonable decisions.
If you want a professional administrator to be appointed (other than State Trustees Limited), a letter of consent to be appointed which sets out the proposed fees.
- Do not submit originals of important documents, for example birth certificates or Medicare cards
- Do not submit a medical certificate
- Do not submit copies of a Will
Download the medical report template
What’s a medical report?
You must give us a full medical report from the last three months, not a medical certificate.
Examples of suitable medical practitioners include doctors, neuro-psychologists, geriatricians and psychiatrists.
If you have any problems getting the report from a medical practitioner, email humanrights@vcat.vic.gov.au or call 1300 01 8228 (press option 2) Monday to Friday between 9am and 5pm.
If the report we get doesn’t have enough information or you don’t give us one, we may contact the medical practitioner directly.
7
Create an online account
The Guardianship Hub (GHub) is a fast and efficient way to submit VCAT applications and receive notifications.
You can make guardianship, administration, power of attorney and medical treatment applications all in one place.