VCAT Guardianship Application in Victoria

When a parent in Victoria loses decision-making capacity without having set up an enduring power of attorney or a Medical Treatment Decision Maker appointment, the only path to managing their affairs is through the Victorian Civil and Administrative Tribunal (VCAT). The application costs nothing to file, but the process itself demands preparation that most families aren't ready for.

When You Need to Apply

VCAT's Guardianship List handles applications when a person can no longer make their own decisions due to disability (including cognitive impairment, acquired brain injury, or advanced dementia) and there's a decision that needs to be made that can't wait or can't be resolved informally.

Common triggers include:

• A parent's bank has frozen their accounts because there's no EPOA and the parent can no longer attend the branch
• An aged-care facility needs someone to sign a resident agreement, and no enduring guardian exists
• Siblings disagree about whether the parent should stay at home or enter residential care
• A property needs to be sold to fund aged-care costs, and nobody has authority to sign the contract of sale
• A parent is being financially exploited by a carer or family member

VCAT will only make an order if it's satisfied that the person genuinely lacks capacity for the specific decision at hand, and that there's no less restrictive way to resolve the situation. If the family can work together informally, the tribunal will tell them to do that instead.

The Application Process

Filing. Applications are made to VCAT's Guardianship List. The filing fee is $0 — there is no charge. Any interested person can apply: a family member, a friend, a hospital social worker, an aged-care provider, or the Office of the Public Advocate.

Medical evidence. The application must be supported by a medical or psychological report confirming the person's cognitive impairment and its effect on their decision-making. VCAT provides a template report form for the Guardianship List. The report should usually be less than three months old and must come from a treating doctor, geriatrician, or neuropsychologist — not from a family member's assessment.

The report needs to address the four-part functional capacity test:

• Can the person understand the information relevant to the decision?
• Can they retain that information?
• Can they weigh the consequences?
• Can they communicate a decision?

Notification. VCAT requires that the person whose capacity is in question be notified of the application, along with their close relatives and anyone who currently has an enduring appointment. This notification requirement exists to prevent families from obtaining orders without the person's knowledge.

Hearing. VCAT hearings in the Guardianship List can take weeks, though urgent matters (hospital discharge with nowhere safe to go, imminent financial exploitation) may be heard faster on an urgent application. Hearings are relatively informal compared to court proceedings — family members can represent themselves, and the tribunal member actively asks questions rather than waiting for lawyers to present evidence.

Types of Orders VCAT Can Make

Guardianship order — appoints a guardian to make personal, lifestyle, and medical decisions. The guardian can decide where the parent lives, consent to medical treatment, and manage day-to-day welfare decisions. VCAT will specify exactly which decision-making powers the guardian has.

Administration order — appoints an administrator to manage the person's financial affairs. The administrator can access bank accounts, pay bills, sell property, and manage investments. Administrators must keep detailed records of every transaction and submit annual accounts to VCAT for review.

Supportive guardianship/administration — Victoria's unique lesser order under the Guardianship and Administration Act 2019. A supportive guardian or administrator helps the person make their own decisions rather than making decisions for them. This order is appropriate when the person has some capacity but needs structured support — it's less restrictive than a full guardianship order.

Temporary (interim) order — when there's an urgent need for a decision (such as an emergency aged-care placement), VCAT may make a temporary order while the full application is processed; its scope and duration depend on the order.

Who Gets Appointed

VCAT's strong preference is to appoint a family member — typically the adult child who has the closest relationship with the parent and the practical ability to carry out the role. If multiple family members are suitable and willing, VCAT can appoint them jointly.

However, if there's significant family conflict, if no family member is suitable, or if the person at risk specifically objects to a family member being appointed, VCAT will appoint a state official:

• The Public Advocate for guardianship (personal/medical decisions)
• State Trustees for administration (financial decisions)

State Trustees charge an annual administration fee — currently $155.40 per year (effective 1 July 2026) if the person's gross fortnightly income is $1,137 or more. Additional fees apply for complex estate management tasks. While these fees are modest compared to other states, the main cost of a State Trustees appointment is the loss of family control over financial decisions.

Review and Reassessment

VCAT orders are not permanent. Guardianship and administration orders include a reassessment or review process, with timing depending on the order and jurisdictional requirements. At the reassessment hearing, VCAT reviews whether the order is still necessary and whether the appointed guardian or administrator is acting appropriately.

The represented person, a family member, or the Public Advocate can also apply for a review at any time if circumstances change — for example, if the guardian is not acting in the person's best interests, or if the person has regained some decision-making capacity.

Avoiding the Tribunal Altogether

The VCAT pathway works, but it's slow, intrusive, and public. A guardianship hearing requires medical evidence, notifying family members, and having a tribunal member make the decision about who controls the parent's life and finances.

The Enduring Power of Attorney and Guardianship toolkit is built around avoiding this scenario — setting up the right documents while a parent still has capacity, so the family's chosen person has authority without needing the tribunal's permission.

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