Role and responsibilities of guardians and administrators
The information on this page is for guardians and administrators appointed by the Victorian Civil and Administrative Tribunal (VCAT).
A guardianship order will specify the personal matter(s) a guardian can make decisions about, such as:
- where and with whom the person lives
- access to services
- restricting visits to the person
- medical treatment decisions.
An administration order will specify the financial matter(s) that an administrator can make decisions about.
VCAT must reassess the order within 12 months unless it has stated otherwise in the order. At the time, VCAT will consider whether the guardian or administrator has performed their duties.
Supporting the person
Depending on the specific decision that needs to be made, the represented person may be able to make the decision.
Guardians and administrators should support the represented person, as far as practicable and appropriate in the circumstances, to do this.
Making decisions
If the represented person cannot be supported to make their own decision about the matter, the guardian or administrator makes the decision. They should support the person to express their will * and preferences and to participate as much as possible in the decision.
* For example, a person may express, through their words and actions, their will to live independently and be well.
When making decision(s) a guardian or administrator should:
- give all practicable and appropriate effect to the represented person’s will and preferences if these are known and, if not, to what they believe these are likely to be*
- only override the represented person’s will and preferences if it is necessary to do so to prevent serious harm to them
- consider the importance of any companion animal to the person.
* In some circumstances the guardian or administrator may not be able to identify the represented person’s likely will and preferences. If this is the case, they make a decision that promotes the represented person’s personal and social wellbeing.
Duties
Guardians and administrators appointed on or after 1 March 2020 must:
- act as an advocate
- act honestly, in good faith, and with reasonable skill and care
- encourage and assist the represented person to develop their decision-making capacity
- act in a way to protect them from neglect, abuse or exploitation
- not use the position for profit or act if they have a conflict of interest (unless authorised by law or VCAT)
- not disclose confidential information gained in their role unless authorised to do so under the order or by law.
Administrators have other duties including in relation to:
- management of the property of the represented person
- keeping records and accounts
- providing annual accounts to VCAT.
There are possible legal consequences for people appointed to these roles if they act dishonestly or negligently. It is, therefore, important that they take the duties seriously.
Medical treatment decisions
If a guardian makes a medical treatment decision, they must follow the process set out in the Medical Treatment Planning and Decisions Act 2016, and make the decision they reasonably believe the represented person would have made.
More information
Read more about the role and responsibilities of guardians and administrators in:
- Administration Guide (coming soon)
- Guardianship Guide (previously Good Guardianship)
available in the Resources section.