Introduction
Powers of Attorney provide authority for another person to implement financial, personal and/or medical decisions on your behalf, during your lifetime.
Unfortunately, sometimes it is not possible, whether by reason of mental impairment or otherwise, to make Powers of Attorney. This raises the question: how can I legally make decisions for a family member or loved one who is incapable of making a Power of Attorney?
VCAT Guardianship and Administration Orders
The Victorian Civil and Administrative Tribunal ("VCAT") has the power to appoint someone to make decisions on behalf of a person who is unable to make a Power of Attorney or is otherwise incapacitated. These are known as Administration and/or Guardianship Orders, being legal documents giving a person power to make decisions on behalf of another person, in much the same manner as a Power of Attorney.
A person appointed under an Administration Order, known as an Administrator, is responsible for making decisions about financial and property matters. These include (but are not limited to):
- Deciding what to do with the person's property;
- Looking after the person's finances; and
- Entering into contracts on the person's behalf.
A person appointed under a Guardianship Order, known as a Guardian, is responsible for making decisions about the lifestyle matters. These include (but are not limited to):
- Decisions about where the person will live;
- What medical, dental or other health care the person receives; and
- What support services the person receives.
How do I Apply for an Administration Order and/or Guardianship Order?
If you are concerned that a family member or loved-one is having difficulty making decisions about their finances or general lifestyle and wellbeing, you may apply to VCAT for an order. The application form can be found at VCAT's website.
Upon lodging your application with VCAT, a hearing will take place to determine whether or not to appoint an Administrator and/or Guardian, as the case may be.
If successful, Guardianship Orders usually last for one year and Administration Orders for three years. VCAT will review the orders at the end of the period at a reassessment hearing.
How Can Sharrock Pitman Legal Help?
We can assist with making your application to VCAT and, with approval from VCAT, represent you at the necessary hearing. For assistance or advice, please do not hesitate to contact us. Please feel free to call our Accredited Specialist Wills and Estates Law team on 1300 205 506 if you have any queries, or alternatively fill in the contact form below.
The information contained in this article is intended to be of a general nature only and should not be relied upon as legal advice. Any legal matters should be discussed specifically with one of our lawyers.
Liability limited by a scheme approved under Professional Standards Legislation.
Binay Prasad is a Senior Associate of Sharrock Pitman Legal and an Accredited Specialist in Wills and Estates law.
Binay has over 10 years of experience in the field of wills and estates and has a particular interest in complex estates involving business, family trusts, and SMSFs. Binay also has experience in family law, which complements his wills and estates practice. For further information, contact Binay on his direct line (03) 8561 3329 or by email, binay@sharrockpitman.com.au.
