When an adult with disability finds it hard to make some decisions, families often hear the words "guardianship" and "administration" and aren't sure what they mean. In Victoria, these appointments are made by the Victorian Civil and Administrative Tribunal (VCAT) under the Guardianship and Administration Act 2019.
This guide explains the main options in plain language. It isn't legal advice. For the official details, see VCAT's guardians and administrators pages.
What does a guardian do?
VCAT says a guardian makes personal lifestyle decisions for a person with disability who is unable to make those decisions themselves. That can include decisions about:
- where the person lives
- work arrangements
- medical treatment
- access to people and services.
A guardian may be a friend or relative. If there's no suitable person, VCAT can appoint the Public Advocate. VCAT notes that guardianship orders are usually for a short time and give the guardian limited powers (VCAT: Guardians).
What does an administrator do?
An administrator makes financial and property decisions for a person with disability who can't make them themselves, such as banking, paying bills, managing debts, investing, and buying or selling property. Administrators must lodge a yearly account with VCAT.
Supportive guardians and supportive administrators
Sometimes a person can make their own decisions with the right help. A supportive guardian or supportive administrator doesn't decide for the person. They help the person act on their own decisions, for example by collecting information, explaining options in a way the person understands, and passing on the person's decisions to others. VCAT reassesses these orders each year (VCAT: Supportive guardians and administrators).
How VCAT decides
VCAT says that wherever possible it supports people to make decisions for themselves rather than having decisions made for them. Before appointing a guardian or administrator, it must consider things like:
- what's important to the person
- whether decisions could be made in a less formal way, such as through negotiation or mediation
- the wishes of the primary carer, relatives and other close people
- relationships that matter to the person.
The person's own views, wishes and preferences are central, and the VCAT member may speak with them privately (VCAT: How we make decisions).
Is there a less formal option?
Often, yes. Many families manage with informal support, good communication with services, and the person's own choices at the centre. If the person can still make their own decisions, they may be able to appoint someone themselves through an enduring or supportive power of attorney. The Office of the Public Advocate has information about these options.
Where to get free advice
- Office of the Public Advocate (Victoria): advice about guardianship, administration and powers of attorney on 1300 309 337, or at publicadvocate.vic.gov.au.
- VCAT: forms, information sessions for new guardians and administrators, and how to apply, at vcat.vic.gov.au.
- Victoria Legal Aid: free legal information on guardianship and administration orders.
How Nhanya Foundation can help
Nhanya Foundation can't give legal advice or make applications to VCAT for you. Our advocacy and service navigation team can help people with disability and their families understand their options, prepare questions, and connect with the right advice service, with the person's own voice kept at the centre. Call 03 8595 9012 or make a referral.
Not sure where to start with a decision-making question? Call Nhanya Foundation on 03 8595 9012 or make a referral.