Guardianship and Administration

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Notices of hearing

The client, being a party to the proceeding, must be served with a notice.  Be aware that notices are often difficult to read and understand and will often need to be explained to the client carefully.  Notices may also fail to encourage the client to appear at the hearing. If the client does not appear and fails to provide a reasonable excuse that would justify an adjournment before the hearing, then VCAT will proceed without them.

Other people entitled to receive a notice of hearing, in accordance with sections 20 and 62 of the Guardianship Act (in regard to guardianship and administration respectively), are:

  • the person proposed as guardian or administrator;
  • the nearest relative of the client (who is not the applicant or proposed guardian or administrator);
  • the primary carer of the client;
  • the public advocate (who is entitled to notice of the application, notice of the hearing and notice of any order);
  • an existing guardian or administrator, if the application is for an administration order and there already exists a guardianship order, or if the application is for a guardianship order and there already exists an administration order; and
  • any other interested party, which includes any person who has advised VCAT of an interest in the person in respect of whom the application is made (this includes legal representatives of the client).