Other things we can help with – Guardians and administrators

You should also tell us when circumstances change for a represented person, supported person, guardian, administrator, missing person, supportive guardian or supportive administrator.

Have your authority as guardian or administrator recognised by another person or agency

As a guardian or administrator, you may experience times when your decision or act is not recognised by another person or agency as an exercise of your power. For example, a bank may not accept the decision you make on behalf of a represented person about a mortgage.

We may make an order that the person or institution recognises or carries out your decision.

Make a represented person comply with a guardian's decision

If the person you represent doesn’t follow a decision you’ve made on their behalf, VCAT may be able to give you the support you need to carry out the decision.

We may order a government agency (including emergency services) to help or enforce your decision as a guardian.

For example, you have decided the represented person needs to visit a hospital for treatment but they refuse to go. We may make an order that requires an ambulance service to pick up the represented person and bring them to the hospital.

Compel someone to produce a will

VCAT can make someone produce a will that is in their possession. For example, you need the will of the person you represent to perform your role as their administrator, but their relative refuses to give it to you.

If you are the administrator, write to us and we may make an order compelling that person to produce the represented person's will.

Withhold documents related to property or finances

As an administrator, you may obtain an order giving you the right to withhold property or financial information from someone else.

You can ask us for permission to prevent a document belonging to the person you represent (or previously represented) from being delivered or accessed by someone.

Documents you can obtain authority to withhold include any book, account, notice or other document in your custody.

Report a death

Anyone can report to us the death of a represented person, supported person or former missing person.

Send us one of the following documents:

• death certificate (or extract of a death certificate)
• notification of the death by a professional who was involved in the care of the deceased (for example, doctor or Director of Nursing).

Submit a statement of wishes

If someone is already represented by a guardian or administrator, you can nominate someone else in case another guardian or administrator is needed in the future.

Submitting a statement of wishes for the future may be helpful in the event a current guardian or administrator:

• is unable to perform their duties
• no longer wishes to continue, or
• is not promoting the personal and social wellbeing of the represented person.

The following people can submit a document outlining who, in the future, they would like VCAT to consider appointing as a guardian or administrator for a represented person:

• an existing guardian or supportive guardian for the represented person
• an existing administrator or supportive administrator for the represented person
• the primary carer for the represented person
• a relative of the represented person.

Ask for compensation for a guardian or administrator's wrongdoing

When a guardian or administrator does not follow the Guardianship and Administration Act 2019 and this causes loss to the represented or missing person, we may order them to compensate the represented person or missing person.

Apply for compensation 

Select: 'Guardianship, administration or both'.

How to make your request or report

Tell us in writing about your situation and what you want to do by email, by post or in person. If you want to apply for compensation, you must use the application form.

By email

humanrights@vcat.vic.gov.au

By post

Victorian Civil and Administrative Tribunal
GPO Box 5408
Melbourne VIC 3001

In person

Our office is open Monday to Friday from 9am to 4.30pm

55 King Street,
Melbourne VIC 3000