Other guardianship and administration matters

We can help resolve some matters or provide you with advice about issues that arise from an existing guardianship, administration, supportive guardianship or supportive administration arrangement.

You should also tell us when circumstances change for a represented person, supported person, guardianDefinitionA 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. , administrator, missing person, supportive guardian or supportive administrator.

What you can take to VCAT

Depending on what you are trying to do and who you are, you may apply to VCAT or simply tell us in writing.

You can:

  • have your authority to act as a guardian or administrator recognised by another person or agency
  • require a government agency (including emergency services) to support or enforce a guardian's decision
  • compel someone to produce a will
  • withhold someone's access to documents about a represented person's property or financial affairs
  • report the death of a represented person or supported person
  • nominate someone as a guardian or administrator to guide a future appointment
  • seek compensation on behalf of the represented person because of a guardian or administrator's actions.

You can also apply for a reassessment of a guardianship, administration, supportive guardianship or supportive administration arrangement.

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 does not follow a decision you have 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 (eg. doctor or Director of Nursing).

Lodge 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.

Lodging a statement of wishes for the future is 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 want appointed 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.

Seek compensation for a guardian or administrator's wrongdoing

When a guardian or administrator does not follow the Guardianship and Administration Act 2019, we may order them to compensate the represented person or missing person.

Find out how to apply for compensation.

How to make your request or report

To seek compensation, you must use the application form.

For all other matters, tell us in writing about your situation and what you want to do by email, by post or in person.

By email

humanrights@vcat.vic.gov.au

By post

Victorian Civil and Administrative Tribunal
GPO Box 13193 Law Courts Vic 8010
Ausdoc DX 210613 Melbourne

In person

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