Flowchart helps identify when guardianship or administration is needed
Guardianship and administration are a last resort, if there is no less restrictive alternative to protect and promote the human rights of an adult with disability.
VCAT may only make an order if:
- a personal or financial decision needs to be made
- because of the person’s disability, they do not have decision-making capacity in relation to the decision that needs to be made
- the order will promote the person’s personal and social wellbeing.
A guardian cannot be appointed in anticipation that a decision may need to be made in the future.
If a person does not have decision-making capacity to make a medical treatment decision, the Medical Treatment Planning and Decisions Act 2016 specifies who has authority in Victoria to make such decisions. If there is no one, Victoria’s Public Advocate can make significant treatment decisions without the need for a guardianship order.