GUARDIANSHIP AND ADMINISTRATION ACT 2019 - SECT 30 VCAT may make a guardianship order or administration order
GUARDIANSHIP AND ADMINISTRATION ACT 2019 - SECT 30
VCAT may make a guardianship order or administration order(1) After considering an application made under Division 1—
(a) VCAT may make one or more of the following orders—
(i) a guardianship order, subject to subsection (2);
(ii) an administration order, subject to subsection (2);
(iii) a supportive guardianship order under section 87, subject to Part 4;
(iv) supportive administration order under section 87, subject to Part 4; or
(b) VCAT may make no order under this Act.
Note
See sections 34(1)(f) and 36 in relation to guardianship orders and administration orders that are urgent orders.
(2) VCAT may only make a guardianship order or an administration order under this Division if satisfied that—
(a) because of the proposed represented person's disability, the person does not have decision‑making capacity in relation to—
(i) in the case of a guardianship order, the personal matter in relation to which the order is sought; or
(ii) in the case of an administration order, the financial matter in relation to which the order is sought; and
(b) the proposed represented person is in need of a guardian or administrator, as the case requires; and
Note
Section 31 sets out factors to consider in determining whether a person is in need of a guardian or an administrator.
(c) the guardianship order or administration order, as the case requires, will promote the proposed represented person's personal and social wellbeing; and
(d) in the case of an application for an administration order for a proposed represented person who does not reside in Victoria, State Trustees has not been authorised under section 12 of the State Trustees (State Owned Company) Act 1994 to collect, manage, sell or otherwise dispose of or administer any property in Victoria in relation to which the administration order is sought.