When someone loses the ability to manage their financial and personal affairs and there’s no Enduring Power of Attorney in place it often leaves families unsure what to do next. Bills still need to be paid. Property has to be maintained. Important decisions can’t simply be put on hold.
In Victoria, the solution is usually an application to the Victorian Civil and Administrative Tribunal (VCAT) to have an Administrator and Guardian appointed. This is a formal legal process, but with the right guidance it can be made far less stressful than people expect.
Here’s how it works—and how we can support you through it.
When You Might Need an Administrator
An Administrator is appointed when a person can’t make reasonable financial decisions due to illness, cognitive decline, brain injury or other causes. Common scenarios include:
- A parent with dementia who can no longer manage their bank accounts
- Someone needing aged‑care accommodation but unable to sign contracts or deal with the refundable accommodation deposit (RAD)
- A family member unable to sell or refinance property without legal authority
- Situations involving financial vulnerability or risk of exploitation
When You Might Need a Guardian
A Guardian is appointed when a person can’t make reasonable personal, lifestyle or health decisions due to illness, cognitive decline, brain injury or other causes. Common scenarios include:
- Decisions about where a parent should now live if they are unable to support themselves at home
- Arranging access to services and support
- Arranging and consenting to appropriate medical treatment and healthcare
- Day to day personal matters
Without a Power of Attorney, no one has automatic authority to step in, not even spouses or adult children. This is often where an application to VCAT becomes necessary.
What do Administrators and Guardians actually do?
The Administrator is responsible for managing the represented person’s financial and legal affairs, including:
- Paying ongoing bills and living expenses
- Managing property, loans and insurance
- Engaging professionals (such as accountants or financial planners)
- Handling tax returns
- Making decisions about aged‑care contracts and accommodation
- Protecting the person’s assets from misuse
The Guardian is responsible for making personal, lifestyle and health‑related decisions for the represented person when they are unable to do so themselves, including:
- Deciding where the person lives, including supported or aged‑care accommodation
- Making decisions about health care and medical treatment
- Arranging access to services, supports and NDIS or community programs
- Making decisions about day‑to‑day personal matters, such as education, employment or social activities
- Advocating for the person’s rights, safety and wellbeing
- Ensuring the person’s will and preferences are respected as far as possible
Your family can apply to have a suitable relative appointed for both of these roles or, in more complex situations, independent administrators or guardians may be more appropriate.
How We Help With the VCAT Process
Making an application to VCAT can feel overwhelming, especially in emotional circumstances. We guide families through every step, including:
1. Preparing the Application
We help you complete the correct forms, gather supporting evidence and ensure VCAT receives a clear, well‑structured application. This may include preparing letters, statutory declarations and supporting documentation.
2. Liaising With Medical and Allied Professionals
VCAT requires medical evidence showing the person is unable to manage their financial affairs. We help you gather and submit this information correctly.
3. Representing You at the Hearing
VCAT will hold a hearing, sometimes in person, sometimes remotely.
We prepare you for what to expect, represent you at the hearing, and ensure your family member’s best interests are clearly communicated and protected.
4. Assisting if the Situation Changes
If the person’s condition improves, or declines, or if there’s conflict within the family, we can help seek reassessment of the order or vary the administrator appointment.
Why Acting Quickly Matters
Delays can cause serious issues, including:
- Missed mortgage payments or unpaid bills
- Inability to enter aged care due to unsigned contracts
- Inability to sell or maintain property
- Risk of financial abuse or mismanagement
Starting the application early helps keep things running smoothly and protects the person’s wellbeing and assets.
Key Takeaways
If a loved one can no longer manage their financial affairs and there’s no Power of Attorney in place, a VCAT application for Administration and Guardianship is often essential, and getting it right matters.
We help families navigate the process from start to finish. With experienced guidance, the process becomes far more manageable and gives everyone confidence that the right protections are in place.
