Seek compensation from a guardian or administrator

Guardians and administrators must follow the law set out in the Guardianship and Administration Act 2019. This is to ensure the rights, interests and wishes of the person they are representing are promoted.

If a represented person suffers a loss because their 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. or administrator did not follow the law, they may be compensated.

You can apply to VCAT so we can decide whether the represented person should be compensated.

We can also make these orders where we have appointed an administrator for a missing person.

If the guardianship or administration appointment is no longer in force, was cancelled (revoked) or set aside, we can still determine whether the represented person or missing person should receive compensation.

We can also make orders even if the represented person, missing person, guardian or administrator has died.

If the represented person or missing person has died, VCAT may order the guardian or administrator to compensate the person's estate instead. Likewise, if the administrator or guardian has died, VCAT may order compensation from their estate.

What can we do

  • Order the guardian or administrator to compensate the represented person or missing person
  • If the person they represented has died, order the guardian or administrator to compensate the represented person's estate
  • If the administrator or guardian has died, order compensation to be paid out of their estate.

Who can apply?

You can apply if you are one of the following:

  • the represented person (or person who was formerly represented)
  • a former missing person appointed with an administrator during your absence
  • the personal representative of the represented person or former missing person
  • an executor or administrator of the estate of a represented person or missing person who has died
  • the Public Advocate
  • the nearest relative of the represented person or missing person
  • any other person VCAT determines to have a special interest in the affairs of the represented person, formerly represented person or former missing person.

VCAT will determine if you are a person with a special interest after submitting your application.

Documents you need to apply

Provide a copy of documents supporting your claims about the acts of the guardian or administrator.

Fees

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

How to apply

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

Alternatively, download our pdf form (297 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 partyDefinitionA person or organisation directly involved in a VCAT case, including a person or organisation that has brought the case before VCAT or who is defending claims made against them. 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