There are many people in the community who, due to accident, illness or disability, may require a guardian or administrator to help manage their affairs, either temporarily or permanently. In Victoria, the role of the Victorian Civil and Administrative Tribunal – Guardianship List (formerly the Guardianship and Administration Board) is to protect adults who, as a result of disability, are unable to make reasonable decisions in respect of their personal circumstances or estate.

The Guardianship List determines applications for the appointment of guardians to make personal lifestyle decisions, and the appointment of administrators to manage financial and legal affairs. The decisions of the Guardianship List are made based on evidence and exercised so the person’s best interests are promoted. In selecting an administrator in Victoria, the Tribunal may choose either State Trustees Limited or a relative, friend, solicitor, accountant, private trustee company, or another person who consents to act as administrator and who has satisfied the Tribunal’s requirements. A guardianship order transfers the responsibility for making binding decisions about a represented person’s lifestyle or personal decision making from that person to a guardian. The Tribunal may choose the Office of the Public Advocate, a family member or friend to be a guardian.

An Order may be made if:

• the disability currently affects the person’s capacity to make reasonable decisions, and
  
• the appointment of an administrator or guardian will be the least restrictive option available.
  

Disability can include intellectual impairment, brain damage, physical disability, senility, dementia or mental illness. Any person can apply for an order to appoint a guardian or an administrator for the Represented Person. The Tribunal may make an Order or dismiss the application. Family or other interested parties can apply for a review if there are concerns.