Life is unpredictable, and there may come a time when a person is unable to make decisions about their personal or financial affairs due to illness, disability, or age-related conditions. In such cases, guardianship and administration play a vital role in safeguarding their wellbeing and interests.
This legal framework ensures that decisions made on behalf of a person with impaired decision-making capacity are done respectfully, lawfully, and in their best interest.
What is Guardianship?
Guardianship refers to the legal appointment of someone (a guardian) to make personal and lifestyle decisions for a person who is unable to make those decisions themselves. These decisions can include:
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Living arrangements
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Healthcare and medical treatment
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Access to services and support
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Day-to-day personal matters
Guardianship does not include financial or legal decisions — those are handled under administration.
What is Administration?
Administration is the legal appointment of someone (an administrator) to manage financial and legal affairs for a person who lacks the capacity to do so. This may involve:
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Managing bank accounts and paying bills
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Handling property and investments
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Budgeting and financial planning
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Lodging tax returns and handling debts
The administrator must always act in the person’s best financial interests and be accountable for their decisions.
Who Can Be Appointed?
Guardians or administrators can be:
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A trusted family member or friend
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An independent professional (such as a lawyer)
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A public guardian or trustee
In Victoria, the Victorian Civil and Administrative Tribunal (VCAT) has the authority to appoint guardians and administrators after assessing the person's capacity and needs.
When Is Guardianship or Administration Needed?
These orders are only granted when:
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A person cannot make decisions for themselves (due to cognitive impairment, mental illness, injury, etc.)
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There is no valid Power of Attorney or Advance Care Directive in place
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There are concerns about the person’s wellbeing or risk of exploitation
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There is a dispute among family members about who should make decisions
How to Apply for Guardianship or Administration
An application must be made to VCAT, supported by medical evidence. The tribunal will consider:
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The person's ability to make decisions
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The least restrictive options
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The suitability of the proposed guardian/administrator
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The views of the person involved and their family
Orders can be temporary or long-term, and are regularly reviewed to ensure they remain appropriate.
Your Responsibilities as a Guardian or Administrator
Appointed guardians and administrators carry serious legal responsibilities:
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Make decisions in the person’s best interest
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Maintain accurate records
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Report to VCAT when required
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Respect the person’s rights, preferences, and dignity
Failing to fulfill these duties can result in serious consequences, including revocation of the order or legal action.
Need Legal Guidance? Choose Shan Lawyers
Dealing with guardianship and administration matters can be sensitive, emotional, and legally complex. Whether you’re applying for an order, responding to one, or have been appointed as a guardian or administrator, professional legal advice is essential.
Shan Lawyers are highly regarded for their expertise in guardianship, administration, and broader family and civil law matters. Their team provides practical, compassionate, and clear advice to ensure your rights — or those of your loved one — are fully protected.
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Because when it comes to protecting the ones you love, you deserve the best by your side.