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VCAT Administration & Guardianship and Elder Law
Protecting vulnerable adults and older people often requires careful legal support and clear, practical advice. Our elder law and VCAT team assists families, carers and professionals to manage decision‑making, finances and personal welfare in a way that safeguards vulnerable individuals while respecting their rights and dignity.
VCAT applications for guardianship and administration - Where a person no longer has capacity to make certain decisions, VCAT can appoint a guardian and/or administrator to act on their behalf. We prepare and conduct applications for new guardianship and administration orders, changes to existing orders and revocation of orders where circumstances have changed. We also advise on how these orders interact with enduring powers of attorney and other planning documents.
Misappropriation of funds and compensation - Unfortunately, financial abuse and mismanagement of funds by attorneys, administrators or others does occur. We assist concerned family members, professionals and VCAT‑appointed representatives to investigate suspected misappropriation, seek accounts, and pursue orders for compensation or the replacement of an attorney or administrator where appropriate. Our focus is on restoring proper management and protecting the represented person’s assets.
Elder law issues - Elder law covers a wide range of legal issues affecting older people, including decision‑making capacity, living arrangements, family conflict, financial abuse and access to appropriate support. We provide advice to older clients and their families about planning ahead, responding to concerns as they arise, and using legal tools such as powers of attorney, VCAT orders and supportive arrangements to promote safety and autonomy.
VCAT‑appointed professional administrator - In some cases, it is not suitable for a family member to act as administrator, particularly where there is high conflict, complex finances or allegations of mismanagement. VCAT can appoint an independent professional administrator to manage the represented person’s financial and legal affairs. Director and Principal Lawyer Lachlan Vallance accepts appointments as a VCAT‑appointed administrator in complex, high‑conflict matters, including resolving disputes, rectifying past errors, investigating misappropriation and ensuring ongoing compliance with VCAT orders and reporting requirements.
If you are concerned about a vulnerable person’s welfare or financial affairs, or need help with a VCAT application, contact our Wills, Estates and Elder Law team to discuss your options.
FAQs: Common questions about VCAT administration, guardianship and elder law are answered below.
Frequently asked questions about VCAT administration, guardianship and elder law
What is VCAT administration and guardianship in Victoria?
VCAT administration and guardianship orders appoint someone to make financial or personal decisions for a person who no longer has decision making capacity. These orders help protect vulnerable people and ensure their financial, legal and personal affairs are managed appropriately.
When might a VCAT administration or guardianship order be needed?
An order may be needed where a person cannot make their own decisions due to illness, injury, disability or age related cognitive decline. It is often used where there is no valid enduring power of attorney in place or there is a dispute or concern about existing decision makers.
What is the difference between an administrator and a guardian?
An administrator makes financial and legal decisions, such as managing bank accounts, paying bills and dealing with property. A guardian makes personal and lifestyle decisions, such as where a person lives, what services they receive and sometimes health or medical decisions.
Who can apply to VCAT for an administration or guardianship order?
Family members, carers, health professionals and other interested people can apply to VCAT for an administration or guardianship order. In some cases, organisations such as aged care providers or hospitals may also be involved in the application process.
How does VCAT decide who should be appointed?
VCAT considers what is in the person’s best interests, including their wishes and preferences, their relationships and the views of family members and carers. The tribunal will look at whether the proposed administrator or guardian is suitable and able to act responsibly and independently.
What happens if there are concerns about financial abuse or misuse of funds?
If there are concerns about financial abuse or misuse of a person’s money or property, VCAT can investigate and, where appropriate, appoint or replace an administrator. A lawyer experienced in elder law can help gather information, prepare an application and seek orders to protect the person and their assets.
How long do VCAT administration or guardianship orders last?
Orders can be made for a fixed period or on an ongoing basis, depending on the person’s circumstances. VCAT can review or change orders if the person’s capacity improves, their situation changes or there are concerns about how the current administrator or guardian is acting.
When should I get legal advice about VCAT and elder law issues?
You should seek legal advice if you are worried about someone’s decision making capacity, suspect financial abuse, or are involved in a dispute about powers of attorney or proposed VCAT orders. Early advice can help you understand your options, prepare a strong application or response, and protect the interests of the person at the centre of the matter.