Guardianship and support for private guardians

In some cases, VCAT appoints the Public Advocate as guardian for adults with a cognitive disability (this includes intellectual disability, acquired brain injury, dementia, or chronic mental illness). The Public Advocate may then delegate that guardianship to an advocate/guardian from the guardianship program, or a Community Guardian from the Community Guardianship Program.

Private guardian support

OPA also provides support for private guardians. A private guardian is a family member or friend appointed by VCAT to act as a guardian for a person with a disability who cannot make their own decisions.

Wherever possible, VCAT will appoint a private guardian. Private guardians know and care about the person they represent. They are well placed to support existing relationships and community connections. Each year VCAT appoints more than 200 new private guardians.

What kinds of decisions can a private guardian make?

Private guardians have the power to make lifestyles decisions such as where a person will live and who can visit them. The specific powers of the private guardian will be written in an order from VCAT. For example, a private guardian may be appointed for a short time to make an accommodation decision.

Private guardians, like other guardians, cannot make financial and legal decisions. This is the role of an administrator. About 80% of private guardians are also appointed as administrators. State Trustees provides advice for administrators.

How do we support private guardians?

OPA writes to all new private guardians and sends them a copy of Good Guardianship, a guide on the authority and responsibilities of guardians. We offer telephone and face to face support whenever a private guardian has a query about their role. We often help guardians with decision-making or developing strategies on how to implement their VCAT order.

Whenever a private guardian is appointed, reassessed, reappointed or revoked, we contact the private guardian to advise them of their status, any requirements they must meet and the support we can offer.

Mai’s experience as a private guardian – a case example

Mai was appointed as a private guardian for her sister Hoa who lived in a nursing home. Mai did not think the nursing home was a good place for Hoa. Mai’s guardianship order gave her the power to make accommodation decisions. She found a new nursing home for Hoa who settled in well.

When Hoa’s guardianship order was due to be reviewed Mai submitted the required report. Mai did not attend the VCAT hearing. The situation was straightforward. There were no problems. She assumed she would be reappointed as Hoa’s guardian.

At the hearing VCAT revoked the guardianship order. When Mai heard this news she was surprised and distressed. She rang the Coordinator of the Private Guardian Support Program to find out whether she had done something wrong. The Coordinator explained that VCAT revoked the order because Hoa was content in her new home and was unlikely to move again. This meant there was no longer a need for the guardianship order. Mai was happy and relieved to hear the reasons behind the decision.