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.

Reassessment hearings are held to determine whether there is still a need for a guardian 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.

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.

Cases VCAT can hear

You can request an early reassessment if:

  • 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 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.

Cases VCAT cannot hear

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.
  • Anyone with a genuine interest in the welfare of an adult with a decision-making disability can apply for a reassessment. If you are not the current guardian 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.

  • To make an application at VCAT fill in the application form. You must also provide evidence to support your application - find out more about evidence for this case type. You must give a copy of your application and supporting documents to the represented person, as well as their primary carer, nearest relative, the proposed/existing guardian or administrator. There is no fee for this type of application. Use the Guide to revoke or reassess a guardianship or administration order. Learn more about applying to VCAT.