What is a guardian?

A guardian is someone appointed by VCAT to make personal and lifestyle decisions for an adult who cannot make their own decisions. Where there is no suitable family member or friend who can act as guardian, VCAT can appoint the Public Advocate as an independent statutory guardian. Each year the Office provides guardianship services for over 1,000 people. In some cases the Public Advocate delegates the role to a community guardian.

What decisions can a guardian make?

A guardian’s powers are determined by the VCAT order. A limited order specifies the types of lifestyle decisions the guardian can make. For example, the guardian may only have the power to make accommodation decisions. A plenary order allows the guardian to make all lifestyle decisions. A plenary guardian cannot make health care decisions if another person has enduring power of attorney for medical treatment or if there is an appropriate ‘person responsible’.

A guardian cannot make financial decisions. That is the role of an administrator.

Providing guardianship for Jenny – a case example

Jenny, a woman with a mild intellectual disability and an acquired brain injury, lived with her family in rural Victoria. She had few interests or enjoyable activities in her life. The Office of the Public Advocate’s Advice Service was contacted by her doctor who was concerned about Jenny. He said that she was very thin, complained that she was not getting enough to eat and said she was required to spend evenings in her room alone rather than being allowed into the living room with the rest of the family.

Her family was clearly under stress. In cooperation with the Department of Human Services, they were persuaded to accept respite care for Jenny. At the end of the respite period she refused to go home. Her family insisted that she return and so a guardian was appointed to make a decision about Jenny’s accommodation. The guardian decided that Jenny should remain in supported accommodation; this was clearly her wish. Living in her new home Jenny put on weight, enjoyed her day placement and developed a busy social life.

Find out more

View a list of publications on administration and guardianship