What do you want to do ?
"I want to support a family member"
You can help someone who can no longer make decisions about money or where they live. Gary applied to VCAT to become his father’s guardian and administrator.
When someone can’t make decisions
Gary and his extended Koori family live near Mildura. His dad, Andrew, has always lived on country.
Six months ago, Andrew had a stroke. He struggles to look after himself and is unable to make decisions about his money. His doctors say he needs to live in aged care.
His family worry he’ll be sent away. There aren’t many aged care options where they live.
Andrew doesn’t want to be far from home. His family want to support him and are worried his wishes won’t be considered.
Support your family member
If a person can no longer make decisions for themselves you can apply to become their guardian, administrator or both.
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Understanding the options
A hospital worker helps explain the options to Gary, Andrew’s son.
If the family and the doctors can’t agree on where Andrew should live, a guardian might be needed.
If Gary becomes Andrew’s guardian, he can make decisions to support his dad’s wishes. Andrew can stay close to family and country.
But because Andrew can’t pay his bills anymore, he needs an administrator to manage his money.
The hospital worker helps Gary apply to VCAT.
Identify when you apply
Our Koori Support Team reaches out to support Aboriginal or Torres Strait Islanders at VCAT.
You can also call or text our Koori Helpline on 0417 516 335 to speak to a Koori Support Officer.
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Koori support at VCAT
The VCAT Koori Support Team learns about the application. A Koori Support Officer calls Gary to check if he needs any support before the hearing.
They explain that at the hearing everyone sits around a table. The member listens to everyone and considers what’s important to his dad Andrew.
The Koori Support Officer:
- points Gary to information on how to prepare
- asks for a phone hearing, so Andrew and the family can attend
- works with the member to make the hearing culturally safe.
What's a hearing?
At a hearing, all parties present their case, ask questions and give evidence in front of a VCAT member. The member makes a decision.
What's a member?
A person who hears and decides cases at VCAT. Some members are specialists in articular areas of law.
Options to attend
We can help you come to your hearing in person, by phone or videoconference. If you come to your hearing, you can have your say.
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At the hearing
On the day, many family members phone in. So does the Koori Support Officer for support.
Gary, Andrew’s son, feels nervous, but he’s prepared what he’s going to say.
He explains his dad Andrew’s cultural beliefs and that he wants to support dad’s choices for his wellbeing. He shows that Andrew can’t manage his money and that he wants to look after him.
The member lets everyone have their say and listens to the arguments. They review the medical report from the doctors. They consider Andrew’s wishes, and his connection to country.
The member also calls Andrew’s doctors in the hearing, so they can all talk about options together.
What's a member?
A person who hears and decides cases at VCAT. Some members are specialists in articular areas of law.
A fair process
We always focus on what’s important to your family member and their wellbeing.
Getting the support they need
The doctors and the family agree to a solution where Andrew can get the care he needs and still live close to family and country.
Andrew no longer needs a guardian, but the member finds that he still needs someone to make decisions about money for him.
Based on what was said in the hearing, the member appoints Gary as Andrew’s administrator. They explain:
- how long he is an administrator for
- the types of decisions he can make and his responsibilities.
This information is in the order Gary and everyone involved in the case receives.
Gary is relieved that his dad's wishes are respected. He also understands that when the administration comes to an end, VCAT considers what happens next. This might mean coming to a hearing again.
Gary saves the Koori Helpline number. He plans to get in touch if he has any questions.
What’s an order?
If you come to a hearing, the VCAT member makes a decision and gives an order. An order tells parties how the case has been decided and any action they must take. All parties must follow VCAT's orders.
Don’t understand the order?
Ask the member to explain it to you in the hearing. Or call the Koori Helpline on 0417 516 335.
Get help and advice
Becoming a guardian or administrator comes with responsibilities. There are also other options, depending on the support someone needs.
It’s a good idea to get advice about your family’s situation before you apply. These organisations can help you for free.
Office of the Public Advocate
Advice on supporting a person if they can no longer make decisions. Call 1300 309 337.
Victorian Aboriginal Legal Service
Legal advice for Aboriginal or Torres Strait Islanders. Call 1800 064 865.
Start your application
Before you start your application, we step you through the process and tell you about application fees, timeframes and documents you need. You pay when you submit your application.
If you are experiencing financial hardship, you may be eligible for fee relief. You can apply for fee relief at the same time as you submit your application.
Help and support
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What can I do if I have an urgent guardianship issue?
Call the Office of the Public Advocate (OPA) on 1300 309 337 any time, including after hours, about getting an urgent temporary order.
If you decide based on the OPA's information you need an urgent order, you must apply to VCAT. If we make an order without a hearing we’ll review it at a hearing within 6 weeks.
You can call us on 1300 01 8228 during office hours about an upcoming hearing or if there’s an issue with someone who already has an administrator, guardian or power of attorney.
Find out how to apply for guardianship and administration orders
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What support is there for people with disability?
Most of our hearing locations are accessible. Contact us for accessibility information about a venue.
We can also organise support for people with disability at VCAT.
- We can arrange an assistive listening device or hearing loop for your hearing, compulsory conference or mediation. Contact us so we can have these facilities ready for you.
- You can also ask to attend VCAT by telephone.
Our disability liaison officers can support you to access our services and venues.
Ask for a disability liaison officer to help:
- Email us at vcat.disability.access@vcat.vic.gov.au
- Call us on 1300 01 8228.
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Can I apply to VCAT over the phone?
If you don’t have email or the internet you can talk to us to apply to VCAT. We can send you a hard copy form.
We can help you complete the form but we can't give you legal advice or tell you what to write.
- Call us on 1300 018 228 (1300 01 VCAT), Monday - Friday 9am - 4.30pm. For guardianship cases call us 9am - 5pm.
- If you’re overseas, call us on +61 3 8685 1462.
- If you need to speak to someone in your own language you can ask for an interpreter. Call the Translating and Interpreting Service on 131 450.
Find out more about support services at VCAT
See also What support is there for people with a disability?
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Can I add someone to an application?
If you believe someone is missing from the application and they have a role, you can apply to add them. This is called 'joining a party'.
There are time limits for applying to join a party to a case, depending on the type of case.
To add someone to an your application:
- Give us the details of the person or business and your reasons in writing using the Application for Directions Hearings or Orders form.
- Find the right email address for your type of case to email us, or write to GPO Box 5408, Melbourne VIC 3000.
- Include the application reference number and any documents that support the change when you write to us
- Send a copy of the application to the person or business you want to add to the application.
VCAT must review and accept your change for them to be joined. If your change is accepted we’ll let you know by written order.
Choose your case type to find out more about joining someone to a VCAT case