How we make decisions – Guardians and administrators
Find out how VCAT makes decisions in cases about guardians and administrators.
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 protecting or fulfilling the needs of the person.
What we consider
Decisions about guardians and administrators
When we decide if a person needs a guardian or an administrator, we must take into account:
- what’s important to the person, as far as this can be established
- whether the decisions could be made in a less formal way, or by an approach like negotiation or mediation
- the wishes of any primary carer, relative or other closely connected person
- relationships that are important to the person.
What VCAT must consider is outlined in section 31 of the Guardianship and Administration Act 2019.
Decisions about supportive guardians and supportive administrators
When making a decision about a support role, VCAT must consider whether the person with a disability:
- consents to the appointment
- can make decisions with practical and appropriate support
- would benefit in their personal and social wellbeing.
What VCAT must consider is outlined in section 87 of the Guardianship and Administration Act 2019.
Other things we may do
More medical information
Sometimes we contact a medical practitioner directly to get a medical report about a person who may need a guardian, administrator, supportive guardian or supportive administrator appointed.
We may ask for more medical information about a person’s disability if it isn’t clear or if we don’t have enough information.
Sometimes the VCAT member will arrange to speak privately with the person who has, or needs, a substitute decision-maker or supportive decision-maker.
It is their rights that will be affected by VCAT’s orders. What they want (their views, their wishes or will and preferences) is central to the decision we make.
The VCAT member will make sure that the conversation is fair and encourage the person to say what’s important to them. It might be easier for them to talk without everyone else there.
The information we need to make a decision
We need to know what’s important to the person the decision is being made about. This information will help us make the best decision for their situation.
|Information we need||You may want to think about|
|What is important about where the person lives?||
|What is important to them for daily living?||
|What is important about their relationships?||
|What is important to them about your medical treatment?||
|What is important about their major assets and debts?||
|What is important about their income and expenses?||
|What is important for any court cases or legal problems?||
|What else is important to them?||
Types of guardianship and administration orders
We can make different types of orders about guardians and administrators, including urgent orders.
When there's a VCAT application about you
Find out what this means, how you're involved and what happens next.
Other things we can do
We can help resolve issues or give you advice about existing guardianship, administration, supportive guardianship or supportive administration arrangements.