Given our growing and aging population, chronic illness and disabilities in our community are creating increased demand for the appointment of Guardians and Administrators for vulnerable members of our community, including the elderly.

The process of appointing Guardians and Administrators can often be a contested matter within families that require sensitive handling and a thorough knowledge of the health system and Tribunal procedures.

We can support you in this process and ensure that your challenges during this sensitive time are minimised and that you the best outcome is secured.

The Victorian Civil and Administrative Tribunal (VCAT) has the jurisdiction to deal with matters regarding a Power of Attorney, and to make Guardianship and Administration Orders if required.

Guardianship and Administration orders

Guardianship and administration orders give power to a person (the guardian or the administrator) to make decisions on behalf of another person. These are typically required where a person has not been able to put in place a Power of Attorney or Medical Treatment Decision Maker deed.

Guardianship orders give a person (called a ‘guardian’) the power to make decisions on another person’s behalf about their personal matters such as where you live, health care and access to services.

Administration orders give a person (called an ‘administrator’) the power to make decisions on another person’s behalf about their finances and associated legal affairs.

These orders can only be made by VCAT if the individual:

  • does not have decision-making capacity to make decisions about financial matters because of your disability;
  • are in need of an administrator and, or guardian; and
  • an order will promote your personal and social wellbeing.

We can help you when things have gone wrong –

  • recover financial losses resulting from an attorney or administrator that is not acting in accordance with their legal duties
  • seek the removal of an attorney or administrator that is not acting in accordance with their legal duties
  • obtain information and financial accounts about how a person’s money and assets are being managed
  • recover funds misappropriated by attorneys, administrators or trustees
  • recover money lent out that is not paid back
  • overturn improper transfer of property
  • prevent the sale of an older person’s home without their authority or consent
  • recover losses from banks and financial institutions

We can help plan ahead to protect your interests –

  • create personalised Powers of Attorney including that records any wishes, instructions and limitations you wish to place on these powers
  • estate planning including Wills, structuring and succession of family business entities including companies and trusts
  • VCAT guardianship and administration matters including contested matters
  • instruct appropriate medical specialists to accurately assess the individual’s capacity to manage their own affairs

If you or your loved one are suffering from financial abuse by an attorney or administrator, or would like to discuss the appropriateness of Powers of Attorney or Guardianship & Administration Orders, please don’t hesitate to contact us here.