Mental Health Legal Centre Inc.

Guardianship & Administration Advocates' Guide 2007

Introduction to the Advocates' Guide

The Guardianship & Administration Advocates’ Guide is a joint initiative of the Mental Health Legal Centre Inc. and Villamanta Disability Rights Legal Service Inc. It was written and researched with the support of the Disability Law Committee, Law Institute of Victoria.

The Guardianship List at the Victorian Civil and Administrative Tribunal (VCAT), among other things, conducts hearings to determine whether a person with an alleged disability should have a guardian and/or administrator appointed. The aim of this publication is, in part, to increase legal representation for people appearing before the Tribunal, with a focus on representing the person on their instructions and wishes.

The Guardianship & Administration Advocates' Guide was supported by a general grant from the Victoria Law Foundation and was officially launched by The Hon. Rob Hulls MP, Attorney-General Victoria on Tuesday 14 August 2007 at the Victoria Law Foundation.

Who can use this Advocates' Guide?

The Guardianship & Administration Advocates' Guide is designed as a resource for legal advocates representing people appearing before the Guardianship List at VCAT. However, in many cases a non-legal advocate or support person may assist the person.

The Advocates' Guide is written in an accessible style and is intended to be widely available.

Contents

The Guardianship & Administration Advocates' Guide contains information about:

Including:

• Background to the Tribunal and the Guardianship List
• Taking instructions
• Capacity

• The law relating to Guardianship and Administration

Including:

• What is a guardian? What is an administrator?
• Legal threshold/criteria
• Who can become a guardian? Who can become an administrator?

• Preparation before the hearing

Including:

• Types of hearings
• Adjourning hearings
• Accessing the VCAT file
• Obtaining second opinions

• What to expect at the hearing

Including:

• Representation
• Who can attend?
• The procedure at VCAT

• After the hearing

Including:

• Appeals
• Complaints

• Enduring Powers of Attorney
• Useful contact details

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