VCAT • Capacity

When Someone Can’t Decide for Themselves

Orders should be the least-restrictive help a person needs. We balance dignity, safety and family realities with sensitivity.

What These Orders Do

A guardian makes personal/lifestyle decisions (health, services, living arrangements). An administrator manages financial/legal decisions. VCAT focuses on capacity and the least-restrictive option in the person’s best interests.

Things to Consider

Capacity evidence matters; duties must be carried out diligently; reporting may be required; powers can end or change if capacity returns or circumstances shift. We’ll set you up for success and accountability.

What to expect

Assessment
We review capacity evidence and current risks or unmet needs with care.

Application
We prepare the VCAT application, supporting material and proposed orders (guardian, administrator, or both) — keeping the person’s dignity central.

Hearing & follow-through
We attend VCAT, obtain orders, and guide you on record-keeping and reporting so you feel supported, not overwhelmed.

Evidence & preparation

• Recent capacity assessments or medical letters.
• Examples of unsafe or unmade decisions.
• Financial snapshot (income, liabilities, regular expenses).
• Proposed decision-maker’s availability, suitability and plan to consult others.

After orders are made

Expect practical obligations: act in best interests, keep clear records, report if required, and seek variations as circumstances change. We remain available as a steady point of contact.

Frequently Asked Questions

When does VCAT make guardianship or administration orders?

When a person lacks decision-making capacity and there’s a need for decisions to be made in their best interests using the least-restrictive option.

What’s the difference between a guardian and an administrator?

A guardian makes personal and lifestyle decisions; an administrator manages financial and legal matters. Sometimes both are appointed.

Who can apply to VCAT?

Usually close family, carers or health professionals. VCAT looks at evidence of capacity and need, and may seek independent reports.

How long do orders last?

Orders can be time-limited and are reviewable. VCAT can vary, suspend or revoke orders as circumstances change.

What are my duties if I’m appointed?

Act honestly, in the person’s best interests, keep records, avoid conflicts, and follow any reporting requirements set by VCAT.

Can decisions be challenged or reviewed?

Yes. Orders are reviewable; interested parties can seek variation or revocation if they believe the order is no longer appropriate.

What evidence helps the application?

Medical capacity assessments, social work reports, financial summaries, and examples of risks or unmet needs usually assist VCAT.

Clear guidance. Steady support.

If your situation feels uncertain, you don't have to navigate it alone. We take the time to understand your goals, explain the options in plain language, and help you move forward with confidence.

What you can expect

  • • Calm, clear advice
  • • A practical plan tailored to your goals
  • • Steady updates and responsive communication

More ways we can help