Applying to VCAT for Guardianship & Administration Orders – Overview of the Process and what to Expect

Sometimes a person is no longer able to make important decisions about their personal life, finances, or medical care. When this happens, someone else may need legal authority to help them. In Victoria, this authority comes from the Victorian Civil and Administrative Tribunal (VCAT) through Guardianship or Administration Orders.

This article explains, in clear and practical terms, how the application process works — from preparing the paperwork, to attending the hearing, and understanding the possible outcomes.

VCAT will only approve the appointment of a Guardian and/or Administrator if:

• The person does not have a valid Power of Attorney document in place;
• Medical evidence shows they are unable to make financial and/or personal decisions on their own; and
• VCAT is satisfied that making such an Order will promote the person’s personal and social wellbeing.

What’s the difference between Guardianship and Administration?

VCAT uses different terminology to that which we use when preparing Estate Planning documents.  If someone has an Enduring Power of Attorney in place, then ‘personal’ powers granted under a Power of Attorney document are similar to those covered by Guardianship powers, and ‘financial’ powers granted under a Power of Attorney document are similar to those captured by Administration powers.

In summary:

• Administration Orders appoint an Administrator to manage financial and legal matters – think banking, bills, and contracts.
• Guardianship Orders appoint a Guardian to make personal decisions, such as where the person lives, who they live with, and what activities they can participate in.

Key Steps

Applying for a Guardianship or Administration Order involves four main steps:

1. Preparing and submitting an application
2. Providing evidence, including a recent medical report
3. Attending a VCAT hearing
4. Receiving VCAT’s decision, which must always be the least restrictive option for the person involved

The whole process is designed to protect the rights, dignity, and independence of the person who needs support.

Preparing the Application

Anyone who is concerned about a person’s ability to make decisions can apply — this might be a family member, friend, carer, or professional.

You can apply:

• Online through VCAT’s Guardianship Hub; or
• By filling out a paper form available on VCAT’s website and submitting same via email.

When you apply to VCAT, you will need to explain what type of order you are asking for — whether you believe the person needs a guardian to help with personal decisions, an administrator to manage financial matters, or both if their difficulties affect several areas of life.

You will also need to provide details about the person who needs help, such as their age, where they currently live, and what support or care they already have in place. It is helpful to describe why these arrangements are no longer meeting their needs (if applicable), and to outline any recent changes in their behaviour or ability to manage daily tasks.

For example, you might explain that they have been forgetting appointments, struggling to pay bills, misplacing important belongings, or showing other signs that they are no longer coping independently.

VCAT will also want to understand why you believe the person cannot make certain decisions. This may include concerns that they are vulnerable to scams or financial abuse, that they are missing rent or mortgage payments, that they are signing documents they do not understand, or that they are unable to comprehend financial information or keep track of their money.

Real‑life examples are particularly helpful in showing why an Order may be necessary.

Finally, you will need to explain who you think should be appointed. This might be the applicant, if they are willing and suitable, but someone else can also be suggested. Suitable appointees may include a close family member who already helps with daily tasks, a trusted friend who understands the person’s needs, or a professional administrator if the person’s financial affairs are complex.

In situations where there is family conflict or no appropriate person available, you may suggest the Public Advocate or State Trustees instead.

Providing Evidence

Once you have completed the application, the next step is to provide VCAT with evidence that explains why the person needs help with decision‑making. The most important document is a recent medical report (should be less than three months old) from a doctor, psychologist, or another qualified health professional.

This report should describe the person’s current medical condition(s) and how it affects their ability to understand information, weigh up choices, and communicate decisions.

You can also include other helpful documents, such as:

• Financial records;
• Police reports; and/or
• Letters from support workers and carers.

In some cases, VCAT may ask the Office of the Public Advocate to investigate and provide a report, before making a decision about the Orders requested.

The Hearing

After VCAT receives your application, a hearing date will be scheduled. You will receive a notice telling you the date and time of the hearing, along with instructions on how to attend — either in person, by phone, or by video. Most initial hearings are allocated one (1) hour.

The hearing itself is usually informal and focuses on what is best for the person who may need support. During the hearing, VCAT will ask questions, consider the medical evidence, and listen to the views of family members, carers, or professionals involved.

The aim of the hearing is to gather all the information needed to understand the person’s situation and decide whether an order is necessary.

It is not uncommon for these types of matters to require multiple hearings before final Orders are made – for example, if the Office of the Public Advocate is asked to investigate, then the matter will be adjourned so the Public Advocate can conduct their investigation, prepare a report, and the VCAT member assigned to the matter will review the report before scheduling a subsequent hearing.

VCAT’s Decision

After the hearing, VCAT will decide what type of support, if any, is needed. It may appoint a guardian to help with personal decisions, an administrator to manage financial matters, or both.

VCAT can also change an existing order or cancel one entirely if it is no longer required. Importantly, VCAT must always choose the least restrictive option — meaning it will only limit a person’s rights and independence when absolutely necessary.

The goal is to provide support that keeps the person safe while still allowing them to make as many of their own decisions as possible.

How can we help?

Applying for a Guardianship or Administration Order through VCAT is not simply a matter of filling out a form. It is a careful, evidence‑based process designed to balance a person’s safety with their right to make their own decisions wherever possible. VCAT looks closely at the person’s abilities, the support available to them, and whether an order is truly necessary — always choosing the least restrictive option.

When someone can no longer manage personal or financial decisions, VCAT Orders provide a protective legal framework. However, well‑prepared Powers of Attorney and early planning often prevent the need for VCAT’s involvement altogether.

If you would like to discuss anything raised in this article, or if you wish to make an appointment to prepare Powers of Attorney or explore whether a VCAT application may be appropriate, please contact our Wills, Estates & Succession Planning team on (03) 5273 5273.