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Changes to guardianship and administration laws

From 1 March 2020, a new Act governs the VCAT appointment of guardians and administrators for people who are unable to make particular decisions for themselves.

From 1 March 2020, a new Act governs the VCAT appointment of guardians and administrators for people who are unable to make particular decisions for themselves. The Act moves away from ideas of acting in the represented person's best interest towards trying to help a represented person to make decisions themselves, either by the appointment of supportive guardians or administrators, or by the requirement that the roles of guardians and administrators is limited to particular decisions as ordered. Guardians and administrators will be required to act as far as possible to give effect to the represented person's will and preferences.

VCAT must not appoint a guardian or administrator at all, unless there was a demonstrated need to do so.

VCAT orders made under the Guardianship and Administration Act 1986 ('the old Act') remain in force until the date specified on the order or unless revoked or set aside.

See Key changes to guardianship and administration in 2020.

Updated