Other things we can help with – Guardians and administrators
We can help resolve some issues or give you advice about existing guardians, administrators, supportive guardians or supportive administrators.
You should also tell us when circumstances change for a represented person, supported person, guardian, administrator, missing person, supportive guardian or supportive administrator.
Have your authority as guardian or administrator recognised by another person or agency
As a guardian or administrator, you may experience times when your decision or act is not recognised by another person or agency as an exercise of your power. For example, a bank may not accept the decision you make on behalf of a represented person about a mortgage.
We may make an order that the person or institution recognises or carries out your decision.
Make a represented person comply with a guardian's decision
If the person you represent doesn’t follow a decision you’ve made on their behalf, VCAT may be able to give you the support you need to carry out the decision.
We may order a government agency (including emergency services) to help or enforce your decision as a guardian.
For example, you have decided the represented person needs to visit a hospital for treatment but they refuse to go. We may make an order that requires an ambulance service to pick up the represented person and bring them to the hospital.
Compel someone to produce a will
VCAT can make someone produce a will that is in their possession. For example, you need the will of the person you represent to perform your role as their administrator, but their relative refuses to give it to you.
If you are the administrator, write to us and we may make an order compelling that person to produce the represented person's will.
Withhold documents related to property or finances
As an administrator, you may obtain an order giving you the right to withhold property or financial information from someone else.
You can ask us for permission to prevent a document belonging to the person you represent (or previously represented) from being delivered or accessed by someone.
Documents you can obtain authority to withhold include any book, account, notice or other document in your custody.
Report a death
Anyone can report to us the death of a represented person, supported person or former missing person.
Send us one of the following documents:
- death certificate (or extract of a death certificate)
- notification of the death by a professional who was involved in the care of the deceased (for example, doctor or Director of Nursing).
Submit a statement of wishes
If someone is already represented by a guardian or administrator, you can nominate someone else in case another guardian or administrator is needed in the future.
Submitting a statement of wishes for the future may be helpful in the event a current guardian or administrator:
- is unable to perform their duties
- no longer wishes to continue, or
- is not promoting the personal and social wellbeing of the represented person.
The following people can submit a document outlining who, in the future, they would like VCAT to consider appointing as a guardian or administrator for a represented person:
- an existing guardian or supportive guardian for the represented person
- an existing administrator or supportive administrator for the represented person
- the primary carer for the represented person
- a relative of the represented person.
When a guardian or administrator does not follow the Guardianship and Administration Act 2019 and this causes loss to the represented or missing person, we may order them to compensate the represented person or missing person.
Tell us in writing about your situation and what you want to do by email, by post or in person. If you want to apply for compensation, you must use the application form.
Victorian Civil and Administrative Tribunal
GPO Box 13193 Law Courts Vic 8010
Ausdoc DX 210613 Melbourne
Our office is open Monday to Friday from 9 am to 4.30 pm
William Cooper Justice Centre
Level 5, 223 William Street
Melbourne VIC 3000
How we make decisions
Find out how VCAT makes decisions in guardianship and powers of attorney cases.
Access to documents - guardians and administrators cases
Find out how to apply for access to documents in a case about guardians and administrators, or to keep them confidential.
Types of guardianship and administrative orders
We can make different types of orders about guardianship and administration.