Administration FAQs

What is the difference between guardianship and administration orders?

Guardianship is the appointment of a guardian to make lifestyle decisions for an adult with a decision-making disability when there is a need for a decision to be made and they are unable to make these decisions them selves.
Administration is the appointment of an administrator to make financial and legal decisions for an adult with a decision-making disability when there is a need and they are unable to make these decisions themselves.

Who decides whether a guardian or administrator is needed and who to appoint?

The Guardianship List of the Victorian Civil and Administrative Tribunal (VCAT).

Who can be appointed as guardian or administrator?

The Victorian Civil and Administrative Tribunal (VCAT) can appoint an individual(s) usually a relative or friend - as guardian. It can appoint an individual(s) (e.g. a relative, friend, solicitor or accountant) or an organisation such as a private trustee company - as administrator.

VCAT seeks to appoint a guardian and/or administrator who is familiar with the values and beliefs, likes and dislikes of the person with a disability (represented person).
VCAT must be assured that the guardian and/or administrator will act in the represented person’s best interests and is competent to do so.

VCAT will consider the wishes of the represented person and family members in deciding who to appoint.

If there is no one available or there is a need for an independent person because of disagreement between family or friends about what is best for the represented person VCAT can appoint the Public Advocate as independent guardian and an independent administrator such as State Trustees Limited.

What can be done if a guardian or administrator is not making the best decisions?

If a guardian or administrator is not acting in the best interests of a represented person an application can be made to VCAT for a reassessment of the order. If the guardian is a delegate of the Public Advocate, concerns can be raised with the manger of the Advocacy/Guardianship Program.

Can an administrator charge a fee?

Generally, only a professional administrator will be entitled to a fee. If there is no remuneration specified in the administration order, you can apply to VCAT explaining your reasons and the basis on which the fee should be calculated, for example, an hourly rate, a percentage of the estate or its income, etc. An administrator can be reimbursed for any out-of-pocket expenses by deducting these expenses, if there are enough funds, from the estate.

Can someone be appointed as an administrator for a missing person?

VCAT can appoint an administrator to manage the property and financial matters of a missing person.

In determining whether a person is suitable to be appointed as an administrator for a missing person, VCAT must take into account the wishes of the missing person, so far as they can be ascertained. VCAT may also appoint State Trustees as administrator of a missing person’s estate.

Where do you get a Victorian Civil and Administrative Tribunal application form from?

A form can be downloaded from www.publicadvocate.vic.gov.au or www.vcat.vic.gov.au. Alternately, call the OPA Advice Service on 1300 309 337.