How to apply for a guardianship order in Victoria
In Victoria, guardianship applications are made to the VCAT Guardianship List under the Guardianship and Administration Act 2019 (VIC). VCAT appoints a guardian only when the adult cannot make personal or lifestyle decisions and there is no less restrictive alternative. No filing fee applies.
The framework
Guardianship and Administration Act 2019 (VIC); VCAT Act 1998 (VIC); Medical Treatment Planning and Decisions Act 2016 (VIC).
The process
Consider less restrictive options
Section 8 of the GAA 2019 (VIC) requires that guardianship is the least restrictive option. Check whether an existing Enduring Power of Attorney or Supportive Attorney arrangement already covers the needed decisions.
Identify the decisions needed
Guardianship is for personal and lifestyle decisions (where to live, services, health care). Financial matters are handled by administration orders — consider whether both are needed.
Confirm capacity under section 5
Under section 5 of the GAA 2019, a person lacks capacity only if they cannot understand, retain, weigh, or communicate information relevant to the decision with appropriate support.
Gather medical and capacity evidence
Obtain recent clinical evidence — GP, geriatrician, psychiatrist, or neuropsychologist — addressing decision-specific capacity.
Complete the VCAT application
Complete VCAT Form GL2 (Application for guardianship and/or administration). Propose a guardian — family member, private guardian, or the Office of the Public Advocate.
Lodge with VCAT
Lodge electronically via the VCAT online portal or by post to the Guardianship List Registry. No filing fee applies.
Notice and Office of the Public Advocate
VCAT notifies the proposed represented person, family, and carers. The Office of the Public Advocate (OPA) may investigate and provide a report.
Attend the hearing
The hearing considers capacity, will and preferences under section 9, and whether any alternative is less restrictive. The represented person has a right to be heard.
Order and reassessment
VCAT may appoint a guardian with specified powers, usually subject to reassessment within one year. Orders can be general or restricted to specific decisions under section 32.
Review and appeal
Parties may seek review under section 159. Internal review is available to the VCAT President, and appeals on questions of law lie to the Supreme Court of Victoria under section 148 of the VCAT Act 1998.
Forms and templates
- VCAT Form GL2 — Application for Guardianship and/or Administration
- Supporting medical/capacity report
Common mistakes
- Failing to explore less restrictive alternatives (section 8)
- Not distinguishing guardianship (personal) from administration (financial)
- Generic or out-of-date medical evidence
- Overlooking the represented person's will and preferences under section 9
- Seeking a full order where a limited order would suffice
Get this process right with Quillio
Quillio can draft the VCAT Form GL2 supporting statement, structure clinical evidence by decision type, and prepare will-and-preferences submissions under section 9. See /practice-areas/family-lawyers.
General information only, not legal advice. Guardianship engages capacity, human rights, and family dynamics. Seek legal and clinical advice.
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