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Capacity and legal · 1 min read
VCAT and Guardianship: How an Independent Report Assists the Tribunal
How a neuropsychological report can assist VCAT in guardianship and administration applications.
Key points
- Guardianship covers personal decisions; administration covers financial decisions.
- Victorian law favours the least restrictive option.
- VCAT benefits from clear, objective evidence about decision-making ability.
When there are concerns about a person's ability to make decisions, or disagreement within a family, the Victorian Civil and Administrative Tribunal (VCAT) may be asked to appoint a guardian or administrator.
Guardianship vs administration
- A guardian can make personal and lifestyle decisions, such as where a person lives or what services they receive
- An administrator can make financial and legal decisions, such as managing money and property
The least restrictive option
The Guardianship and Administration Act 2019 places strong emphasis on a person's will and preferences, and on supported decision-making before appointing someone else to decide.
What a helpful report includes
- Which decisions the person can and cannot make
- Strengths that can be built on with support
- Specific risks, such as vulnerability to financial exploitation
- Practical recommendations to support independence
Social workers, hospital teams and families can contact Neuro Systems for an independent capacity report.
This article provides general information only and is not a substitute for individual medical or legal advice.
How we can help
Related services: Decision-Making Capacity Assessment. View our fees or make a referral.
