Disputes and advice / Guardianship and administration
No power of attorney: guardianship and administration orders
When an adult can no longer make decisions and has no enduring power of attorney, or the power has failed, VCAT can make guardianship and administration orders: a guardian for personal matters and an administrator for financial matters. We prepare these applications, act for family members proposed for appointment, and act for people opposing an order. Victorian law.
Guardianship and administration orders: in short
- Any person may apply to VCAT for a guardianship order or an administration order for an adult with a disability.
- VCAT may make an order only if, because of the disability, the person lacks decision making capacity for the matter, needs a guardian or administrator, and the order will promote their personal and social wellbeing.
- VCAT must begin hearing the application within 30 days of receiving it, unless it sends the parties to a compulsory conference or mediation.
- The person concerned must attend the hearing unless they do not wish to or it is impracticable or unreasonable.
Are guardianship and administration orders needed at all?
VCAT must consider the person’s will and preferences, whether decisions can be made informally or through negotiation or mediation, the wishes of any primary carer, relatives and others with a direct interest, and the desirability of preserving important relationships. A working enduring power of attorney usually means the person needs no order. VCAT can also make a supportive order instead, or no order.
What goes in the application
The person’s details; the type of order and the personal or financial matters it should cover; the reasons; who is proposed as guardian or administrator; the applicant’s details and those of anyone with a direct interest, such as relatives, a primary carer, close friends and any attorney; and the person’s support needs.
Who is told, and who is a party
Parties: the applicant, the person concerned, the proposed guardian or administrator, any current guardian or administrator, and anyone VCAT joins. Notice also goes to the person’s spouse or domestic partner, their primary carer, anyone named as having a direct interest, and the Public Advocate where no guardian is proposed.
Who can be appointed
- Guardian: an adult who consents, will carry out the guardian’s duties, has no conflict of interest and is suitable. If no one qualifies, VCAT may appoint the Public Advocate.
- Administrator: a person or body corporate that consents, will carry out the duties, has no conflict, is suitable and has sufficient expertise to make the financial decisions.
- VCAT takes into account the person’s will and preferences, existing relationships, and the desirability of appointing a relative or someone with a personal relationship.
- VCAT must not assume a relative has a conflict merely because they are a relative, or is unsuitable merely because they disagree with another relative.
Family disagreements
Most contested hearings are between relatives who each want the appointment or want someone independent. Evidence of who has been doing the caring and the paying, how the person’s money has been handled, and what the person has said they want, decides them.
If there is already a power of attorney
Once VCAT makes an administration order, an attorney must not use the financial powers unless VCAT authorises it; the same applies to personal matters under a guardianship order.
After guardianship and administration orders
An administrator has the powers in the order, with duties about conflicts, records and accounts. Unless VCAT directs otherwise, the administrator lodges accounts with VCAT each year. An administrator who does not administer estates as a business receives no payment from the estate unless the order says so. VCAT must reassess an order within 12 months of making it, and at least once in every three years after that, unless it orders otherwise. A person with an interest in a financial matter under the order may apply to VCAT about any dealing or transaction.
Urgent cases
Where there is an immediate risk to the person or their property, VCAT can make an urgent order. See Urgent orders.
Property in Victoria, person elsewhere
Where the person does not live in Victoria but has property here, a person can apply for an administrator for the Victorian property.
Guardianship and administration orders: what it costs
First advice on the papers with a written plan, $880 including GST. We quote the application and hearing in stages.
Next step
Tell us who the person is, what decisions someone has to make and who else is involved. Send us the documents or call 1800 776 529.
Guardianship and administration orders: the law
- Guardianship and Administration Act 2019 (Vic) ss 22 to 37, 46, 55 to 61, 78, 159, 175.
- Powers of Attorney Act 2014 (Vic) s 83.
Last reviewed: November 2026. This page is general information about Victorian law as at November 2026. It is not legal advice about your circumstances.
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Phone: 1800 776 529
Email: info@enduringpowerofattorney.com.au
Hours: Monday to Friday, 9 am to 5:30 pm
Office: 435 Nepean Highway, Frankston VIC 3199 (by appointment)
We act for attorneys and for families, but never for both sides of the same dispute. Before we start, we check that we have not acted for anyone else involved. [CHECK: confirm this line]