Apply to reassess or revoke a guardianship or administration order

Guardianship orders are usually made for one year and administration orders for three years. The orders are reviewed by VCAT at the end of the period at a reassessment hearing The time and place at which VCAT hears the parties argue their case and makes a decision. .

Reassessment hearings are held to determine whether there is still a need for a guardian A person who makes personal lifestyle decisions on behalf of someone with a disability, including decisions about their living arrangements, work arrangements, medical treatment and access to people and services. or administrator and whether any change is required to the conditions of the original order. Depending on circumstances, a reassessment may occur before the period specified in the order. VCAT schedules a reassessment hearing near the end of the period of the order.

You can request an early reassessment if:

  • the order is not working for the person
  • circumstances have changed affecting the order
  • there is new information available.

What we can do

If you request it, we can reassess the guardianship or administration arrangement in these situations:

  • the order is not working for the represented person
  • circumstances have changed or there is new information available that affects the order
  • there is no need for the order to continue because the represented person has regained capacity
  • the guardian A person who makes personal lifestyle decisions on behalf of someone with a disability, including decisions about their living arrangements, work arrangements, medical treatment and access to people and services. or administrator is no longer willing or able to continue in the role
  • the guardian or administrator is not acting in the best interests of the person.

What we cannot do

We may refuse a request for reassessment if:

  • the request does not disclose the reasons for a reassessment
  • there is no new information available that affects the findings made
  • we have recently reassessed the order.

Before you apply

Anyone with a genuine interest in the welfare of an adult with a decision-making disability An impairment or combination of impairments – physical, neurological, or acquired brain injury. To be defined as a disability, the impairment would be permanent, result in significantly reduced capacity to communicate, move around or manage day-to-day activities and require ongoing support. can apply for a reassessment. If you are not the current guardian A person who makes personal lifestyle decisions on behalf of someone with a disability, including decisions about their living arrangements, work arrangements, medical treatment and access to people and services. or administrator, you should contact the person or organisation appointed and discuss how the order is working. If you cannot resolve the issues, you can apply to VCAT to have the order reassessed.

Role and responsibilities of guardians and administrators

Guardians and administrators have unique roles and responsibilities. If both roles are appointed, the guardian and administrator must consult each other and work closely when making decisions.

The role of a guardian

A guardian makes personal lifestyle decisions on behalf of a person with a disability, including decisions about their:

  • living arrangements
  • work arrangements
  • medical treatment
  • access to people and services.

The responsibilities of a guardian

A guardian must:

  • act as an advocate for the represented person
  • act in the best interests of the represented person
  • take the represented person’s wishes into account when making decisions
  • encourage the represented person, as far as possible, to make decisions and act for themselves
  • protect the person from neglect, abuse or exploitation.

A guardian may be a friend or relative of the person with a disability. If there is no suitable person, we can appoint the Public Advocate as a guardian.

Safeguards for represented people and guardians

VCAT can reassess a guardianship order if it is not working in the correct way or in the best interests of the represented person.

The role of an administrator

An administrator makes financial and legal decisions, including decisions about:

  • buying or selling property
  • banking and investing
  • paying bills and managing debts

An administrator may be a friend or relative of the person with a disability, or a solicitor, accountant or an organisation. If there is no suitable person or organisation, State Trustees Limited or a private trustee company may be appointed as an administrator.

The responsibilities of an administrator

An administrator must:

  • act in the best interests of the represented person
  • take the represented person’s wishes into account when making decisions
  • encourage the represented person, as far as possible, to make decisions and act for themselves.

Administrator reporting requirements

An administrator is accountable for the decisions they make and must provide annual accounts to VCAT. Learn more about reporting requirements in General advice for administrators.

Fees

There are no application or hearing The time and place at which VCAT hears the parties argue their case and makes a decision. fees.

Do I need a lawyer or professional representative?

You do not need to have legal or other professional representation to appear at VCAT. If you wish to be represented by a lawyer or a professional advocate, usually you must ask for VCAT's permission.

Find free or low-cost legal services that may be able to assist you.

Need help with your application?

VCAT cannot give you legal advice. Seek legal help if you are unsure about your legal options. The following services may be able to help you:

Access and privacy

VCAT hearings and files are usually public.

VCAT has limited authority to restrict who can access cases and files but, in certain circumstances, you can apply for confidentiality. For more about applying for confidentiality.