Guardianship and Administration

Cancel Loading...

Who may be appointed as a guardian or administrator?

Guardians and administrators must be at least 18 years of age.

VCAT must be satisfied that the proposed guardian or administrator (see ss 23(1)(a) and 47(1)(c)(i)):

  • will act in the best interests of the client;
  • is not in any position where their interests conflict or may conflict with the interests of the client;
  • is a suitable person to act as the guardian of the client or the administrator of the estate of the client; and
  • (administration only) has sufficient expertise to administer the estate of the client, or that there is a special relationship or other special reason why that person should be appointed as administrator.

The fact that the person is a parent or nearest relative to the client is not in itself a conflict of interest (s 47(3)).

Further, when assessing the eligibility of a proposed guardian or administrator VCAT will consider:

  • the wishes of the client, insofar as they can be ascertained (23(2)(a) and 47(2)(a));
  • the compatibility of the proposed guardian with the client or of the proposed administrator with the client and with the guardian (if any) of the client (ss 23(2)(c) / 47(2)(b));
  • (guardianship only) the desirability of preserving existing family relationships that may be affected by the making (or not making) of a guardianship order (s 23(2)(b));
  • (guardianship only) whether the proposed guardian will be available and accessible to the client to fulfil the requirements of guardianship (s 23(2)(d)); and
  • (administration only) whether the person was a Member of VCAT as constituted for a proceeding under the Guardianship Act (ss 47(2)(c)) (VCAT may appoint one of its Members as constituted for the proceeding only if VCAT considers it appropriate in the circumstances) (s 47(2A)).