Who are guardians and administrators?
Guardians and administrators are appointed when people are unable, because of their disability, to make decisions for themselves. These appointments are made by the Victorian Civil and Administrative A body set up to hear and decide disputes, usually with less formality and less strict rules of evidence than in a court proceeding. (VCAT).
A Someone who is legally responsible for taking care of another person or their property. is appointed for personal matters, such as those relating to health, accommodation or access to services. An (1) (wills) Someone who takes legal responsibility for the possessions of a person who has died without making a will, or who is still alive but cannot manage their own possessions. For example, an administrator may be appointed to manage the money, house or other possessions of a person who has a severe mental disability. (2) (companies) A manager appointed by the directors of a company that is in financial difficulty. This may give creditors a better chance of getting their money back because the company can keep trading under supervised management instead of being wound up. is appointed for financial matters. Or, VCAT can appoint a supportive guardian or a supportive administrator, who support the person to make decisions, but do not make decisions for them. The person for whom a guardian or administrator is appointed is known as the A person whose financial affairs are controlled by an administrator because they are not capable of managing their own affairs due to disability, mental illness, injury or other incapacitating circumstances. State Trustees Limited is the administrator .
The represented person must have a disability for a guardian or administrator to be appointed. A disability is a neurological impairment, intellectual impairment, brain injury, mental disorder, physical disability or dementia. The represented person must lack decision-making The ability to understand and be held responsible by the law for your actions. It also refers to a person’s ability to understand and agree to something, such as to undergo medical treatment. Full legal capacity is reached at 18 years of age, when a child becomes an adult. because of their disability. There must be a need driving the reason for the appointment.
VCAT’s Guardianship List
The Guardianship List of VCAT has the authority to appoint guardians and administrators, and to reassess and remove them. The procedure of the Guardianship List is governed by the provisions of the Guardianship and Administration A written law made by parliament. Also called an ‘Act of parliament’, ‘statute’ or legislation. 2019 (Vic) (‘GA Act 2019’) and the Victorian Civil and Administrative Tribunal Act 1998 (Vic) (‘VCAT Act’).
Guardianship and Administration Act 2019 (Vic)
On 1 March 2020, the GA Act 2019 came into effect and replaced the Guardianship and Administration Act 1986 (Vic) (‘GA Act 1986’). The GA Act 2019 draws inspiration from the United Nations Convention on the Rights of Persons with Disabilities (2006) (CRPD) (see www.un.org). That is, it emphasises the empowerment of people with disabilities to make decisions for themselves and to make decisions with support. Decisions are no longer to be made in a person’s ‘best interests’. When a decision is made for a represented person, the decision-maker must consider – and as far as practicable be directed by – the person’s A document that sets out what a person wants to happen to their money and other property after they die. and preferences.
The GA Act 1986 still applies to guardians and administrators appointed before 1 March 2020.