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How the new changes to the Guardianship and Administration Act 2019 will affect Guardians and Administrators appointed by VCAT

On 1 March 2020, new laws will change how VCAT appoints guardians and administrators with VCAT’s powers being expanded.

VCAT will be able to appoint a supportive guardian for personal matters or a supportive administrator for financial matters. VCAT can also recognises that the person may be able to make some types of decisions themselves with the right support and continue to appoint a guardian or an administrator.

When making decisions, VCAT must take into account:

  1. The preferences of the represented person.
  2. Whether the decisions could be made in a less formal way, or by an agreed resolution
  3. The wishes of any primary carer, relative or other person with a direct interest in the application: and
  4. Relationships that are important to the person.

VCAT expects the person who may have an order made about them to take part in a VCAT hearing (unless they cannot do so for personal reasons)

When any existing Order is reassessed by VCAT the new requirements under the new legislation will be considered. Otherwise there will not be any changes to existing orders and current guardians or administrators don’t need to do anything different.

Please contact our office if you require any assistance with any VCAT matters.