Types of guardianship and administration orders

Guardianship or administration orders

A guardianship or administration order explains the type of decisions a guardian or administrator can make for a person with a disability.

For guardians, the order may include one or more (but not all) of these types of decisions:

• health care, including medical and dental treatment
• accommodation, including the type of housing required, where it is located and who the person lives with
• employment
• access to services
• access to people, including restricting or prohibiting particular people from having contact with the represented person.

For administrators, the order may include all financial decisions, but it might exclude certain things, like being involved in legal proceedings unless VCAT gives permission

Supportive guardianship and supportive administration orders

A supportive guardianship or supportive administration order explains which decisions the supportive guardian or supportive administrator can help the person with a disability to make.

It explains whether they have powers to access information on behalf of the person with a disability, to communicate that person’s decisions or to give effect to the person’s decisions. 

Urgent orders

Urgent orders allow us to act quickly to protect a person with a disability who urgently needs assistance:

• We make an urgent order when there is no better option to address the situation at short notice.
• In emergency situations, we can make an urgent guardianship or administration order for up to 21 days.
• It can be extended for a further 21 days.
• Before the end of the urgent order VCAT must hold a hearing to decide if another guardianship or administration order is needed.

Expiry of orders

Some orders expire after a period set by VCAT. These are called self-revoking orders:

• We reassess orders that are not self-revoking within three years and can be revoked if they are no longer needed.
• Some orders are shorter than three years, and guardianship orders are often one year.
• If the person represented by a guardian or administrator dies, the order automatically ends.

Duration and reassessment of orders

Every order that appoints a guardian, administrator, supportive guardian or supportive administrator specifies a reassessment date. This is generally no later than three years from the date of the order.

• Guardianship orders and supportive guardianship orders are normally made for up to one year. This is because once the guardian or supportive guardian has made a decision there may no longer be the need for the order.
• Administration orders and supportive administration orders are usually made for three years if there is likely to be the continuing need for the order.

We may reassess the order before the date specified if someone applies for a reassessment and if there has been a change in circumstances.

At a reassessment hearing, we may make a decision to:

• continue the order for a further specified period
• change the responsibilities of the guardian or administrator, supportive guardian or supportive administrator or put conditions on the order
• change the guardian, administrator, supportive guardian or supportive administrator
• revoke the order because there is no continuing need for it.