Guardianship and Administration

Cancel Loading...

Content of oral submissions at VCAT

Content of oral submissions at VCAT

The content of written and oral submissions that you prepare will be specific to the individual client and their circumstances and instructions.  However, by way of guidance, a general indication of content that you might consider including is set out below (keeping in mind the terms used and approach prescribed by the Guardianship Act):

  • Evidence of the client's ability to manage their own affairs - this may include a budget prepared by or for the client, bank statements showing the exercise of reasonable judgement through sensible spending and saving patterns, oral evidence by the client of routines they have developed (for example, shopping and cooking or bill payment methods), evidence of stable employment and any recent achievements of the client.
  • Evidence of the impact that a guardianship or administration order would have on the client's life - this may include evidence of inconvenience and/or disruption to the client (in some cases this might involve physically collecting an allowance from an administrator), feelings of powerlessness and a lack of independence by the client and a possible deterioration of skills on account of this lack of independence.
  • Viable alternatives to the order, indicating that it is not the least restrictive option available - this might include the availability of financial support services, such as assistance with budgeting, other support services such as meal provision and cleaning or the existence of a case worker, financial counsellor, counsellor or family member who is willing to provide support in a less restrictive manner that better gives effect to the client's wishes.
  • Evidence regarding the client's disability - as discussed above, this will most likely be in the form of an expert's report and you need not necessarily assert that the client does not have a disability, but rather that there is no evidence that, by reason of that disability, the client is unable to make reasonable judgments in respect of matters relating to their lifestyle and/or estate.

Sample submissions to VCAT in a guardianship application are available here.