Apply to reassess or revoke a guardianship or administration order

VCAT reassesses whether a person should continue to have a guardian, administrator, supportive guardian or supportive administrator at least once every three years.

We determine whether there is still a need for a guardian or administrator and if any change is required to the conditions of the original order. Depending on the circumstances, a reassessment may occur before the period specified in the VCAT order.

You can apply to VCAT for 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, administration, supportive guardianship or supportive administration arrangement in any of these situations:

  • there is no need for it to continue because the represented person has regained decision-making capacity
  • it is not working for the represented person
  • circumstances have changed or there is new information available that affects it
  • the guardian, administrator, supportive guardian or supportive administrator is no longer willing or able to continue in the role
  • the represented person no longer wishes to have a supportive guardian or supportive administrator
  • the guardian, administrator, supportive guardian or supportive administrator is not supporting the personal and social wellbeing of the represented person.

We may decide to extend the appointment, make changes or cancel (revoke) it.

What we cannot do

We may refuse a request for reassessment if:

  • you do not provide a reason for your application
  • there is no new information available that affects the current situation
  • we have recently conducted a reassessment.

Before you apply

Anyone with a genuine interest in the welfare of the represented person, support person or missing person can apply for a reassessment. If you are not the current guardian, administrator, supportive guardian or supportive administrator, you should contact the appointed person and discuss how the arrangement is working. If you cannot resolve the issues, you can apply to VCAT for a reassessment.

Provide a medical report as part of your application

If you are applying because you believe the represented person has regained decision-making capacity, you must provide VCAT with a copy of a recent and relevant medical report.

We need a medical report to help establish whether circumstances have changed since we appointed a guardian or administrator (eg. medical evidence that they have regained decision making capacity).

You must provide a full medical report from the last three months, not a medical certificate.

Examples of suitable medical practitioners include doctors, psychologists, neuro-psychologists and psychiatrists.

Download a medical report template and give this to a medical practitioner to complete.

Fees

There are no application or hearing fees.

How to apply

Apply online to save your progress and keep track of your application.

Alternatively, download our PDF form (453 kB).

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 legal services that may be able to assist you.

Need help with your application?

We can explain the application process and what the form is asking you for. Contact us to get support.

We cannot give you legal advice. This means we cannot tell you what to write in your application or recommend how to get the outcome you want.

Seek legal help if you are unsure about your options or need advice about your situation.

Access and privacy

All information you give VCAT for your case is available to anyone who inspects the case file or attends the hearing, including media. They might get information like your name, contact details and personal information.

By law, with limited exceptions, VCAT must share information that you provide for your case with other parties. This includes your documents and evidence. But it is illegal to publish or broadcast information that could identify a party in a guardianship, powers of attorney or medical treatment case, unless VCAT makes an exception.

You can ask VCAT at the start of the case to keep your information confidential. VCAT may not agree to this request.

For more information, see our privacy policy.

Legislation that applies to this type of case

Guardianship and Administration Act 2019