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.