When someone cannot make decisions for themselves (for example for medical reasons) the process of appointing another person to legally make certain decisions on their behalf is referred to as either a guardianship order, or an administrative order.
Guardianship orders give one person (the ‘guardian’) the power to make decisions on another person’s behalf about things like healthcare, living arrangements, and access to services.
Administrative orders give one person (the 'administrator') the power to make decisions on another person’s behalf about financial matters and associated legal affairs.
Even though the administrator/guardian has the power to make these decisions, there are considerations must be taken into account in decision-making, including the preferences of the person under the order. If you are under an order, or feel you are likely to be, Victoria Legal Aid may be able to help support you to navigate this process.
Please note: Victoria Legal Aid may be able to help you if you are an adult who is likely to have a guardian or administrator appointed. Victoria Legal Aid cannot help you if you are applying for an order on behalf of someone else. Find out more about guardianship or administration orders.
Orders are made in the Victorian Civil and Administrative Tribunal (VCAT). Find out more about the process of attending a VCAT hearing.
Guardianship and Administrative Orders are designed to set out a clear decision-making path. In the event of VCAT making an order, parties are entitled to apply for a statement of reasons. Sometimes, to better ensure decision-making process are clear and practical and providing the right support, decisions can be challenged and varied or changed.
If you disagree with a guardianship order being made about you, you may be able to challenge or cancel an order.
A guardian must follow your will and preferences when making decisions for you unless this would cause you serious harm. If you are not happy with your guardian's decisions, try talking to them. If that doesn't help you can make a complaint.
Victoria Legal Aid provides comprehensive information to help you understand orders. You can also contact them if you need advice.
If you need further support or information in relation to a guardianship order or an administrative order, or you wish to make a complaint, please see Victoria Legal Aid’s list of helpful organisations.
You can find legal information and may be eligible for free legal advice from Victoria Legal Aid or from your local community legal centre
Otherwise, you can seek help from a private lawyer using the Find Your Lawyer Referral Service. All law firms included in the service provide a free 30-minute interview.
