Guardianship and Administration

Cancel Loading...

Discussions with the person who has lodged the application

With the client's permission, you should generally contact the person who has lodged the application before the hearing to clarify their position and any matter that might be helpful for the case.  It is important to obtain instructions from the client before doing so, particularly if the applicant is a family member, as the issue may be sensitive and the client may not want you to discuss the case with them before the hearing.

You may also wish to discuss whether there is a need for a guardian or administrator or if there are any less restrictive alternatives.  In some cases it may lead to the withdrawal of the application.  It will also provide valuable information about the issues involved and assist in preparing for the hearing.  Even if the client ultimately becomes subject to a guardianship or administration order, these discussions may result in a less restrictive order.

For example, particularly if it is raised early in the process, the applicant (and proposed guardian or administrator) may not object to the client having, and the VCAT Member may ultimately give the client, more freedom with their money in relation to shopping for household items or the opportunity to pay their own rent (in the case of administration) or have a greater say as to where they would like to live or in relation to access to people (in the case of guardianship).