New laws for guardians and administrators

Posted on 01 Mar 2020

New laws came into effect today, changing how VCAT considers and appoints a 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. 
 
Under the new Guardianship and Administration Act 2019, VCAT will be able to:

  • appoint a supportive guardian for personal matters or supportive administrator for financial matters, recognising that the person may be able to make some types of decisions themselves with the right support
  • continue to appoint a guardian or administrator, if there is no less restrictive option. 

VCAT must consider the person’s will and preferences (what’s important to them), an assessment of alternative dispute resolution options and the wishes of the primary carer or relative when making its decisions. 
 
The person who may have an order made about them is expected to participate in the VCAT hearingDefinitionThe time and place at which VCAT hears the parties argue their case and makes a decision. , unless they don’t want to or it’s impractical or unreasonable for them to do so. 
 
There is no action needed by current guardians or administrators. Any requirements under the new Act will be considered at the time the order is reassessed.  
 
For more information about appointing a guardian, administrator or supportive role, see our Guardianship and Powers of Attorney information.