VCAT guardianship and administration: the role of capacity reports

A VCAT guardianship or administration application asks the tribunal to appoint someone to make decisions for an adult with a disability. VCAT cannot make an order without good evidence about the person’s disability and decision-making capacity.

This guide is for lawyers, social workers, support coordinators and families preparing an application in Victoria. It explains what VCAT considers, what the medical report must include, and what makes a capacity report genuinely useful to the tribunal.

Guardianship and administration in Victoria

Victoria’s guardianship system is governed by the Guardianship and Administration Act 2019. According to the Department of Justice and Community Safety, the Act started in March 2020. It presumes people can make their own decisions unless there is evidence they cannot, and it recognises that support can help people decide.

VCAT can appoint:

• a guardian, who makes lifestyle decisions such as where the person lives, what services they receive and some health matters
• an administrator, who manages the person’s financial and legal affairs
• a supportive guardian or supportive administrator, who helps a person make and act on their own decisions, rather than deciding for them.

The Act also says VCAT should hear applications with the person present, unless the person does not want to attend or there is another good reason.

What VCAT needs to decide

An application usually turns on whether the adult has a disability that affects their decision-making capacity, and whether an order is actually needed.

The capacity test

The Victorian Law Reform Commission summarises the Act’s test. A person has capacity for a decision if they can understand the relevant information and its effect, retain it to the extent needed, use or weigh it, and communicate the decision. A person also has capacity if they can make the decision with practicable and appropriate support.

What else VCAT considers

VCAT explains that it considers what is important to the person, whether less formal approaches such as negotiation or mediation could work, the wishes of carers and relatives, and relationships that matter to the person. The person’s views, wishes, will and preferences are central. VCAT also looks for the least restrictive decision.

In practice, this means an existing enduring power of attorney, informal family support or a supportive appointment may mean no guardianship or administration order is needed.

The medical report requirement

VCAT’s guidance on appointing a guardian or administrator is clear. Applicants must provide a full medical report from the last three months, not a medical certificate. The report must state that the person has a disability and that it affects their capacity to make their own reasonable decisions.

VCAT gives examples of suitable practitioners, including doctors, neuropsychologists, geriatricians and psychiatrists.

VCAT publishes a medical report template for this purpose. It covers:

• the person’s diagnosis, history, test results and whether the condition is permanent, progressive, fluctuating or improving
• capacity for personal matters, financial matters, enduring powers of attorney and medical treatment decision makers
• comments on supported decision-making
• vulnerability, prognosis and communication needs
• whether the person can attend the hearing and what help they need to take part.

VCAT may also contact a practitioner directly or ask for more medical information if the evidence is unclear.

What makes a capacity report useful to VCAT

A capacity report is most helpful when it answers the questions the tribunal actually has to decide. A useful report will usually:

• Name the disability and explain how it was diagnosed.
• Separate decision areas. Capacity for accommodation, health care and finances can differ, so each should be addressed.
• Link the disability to the decisions. Explain which abilities are affected, such as memory, reasoning or insight, and how this affects each decision.
• Give concrete examples from the interview and from daily life, not just test scores.
• Describe supports tried, such as interpreters, written information or extra time, and whether they helped.
• Record the person’s views about the application and the proposed decision maker.
• Comment on change over time, including whether capacity may improve and when a review would be sensible.
• Explain the reasoning so the tribunal can see how the opinion was reached.

Common problems

• A one-line statement that the person “lacks capacity” without reasons.
• A report that relies only on a brief screening test.
• An opinion about all decisions when only one area is in dispute.
• A report that is older than three months or written for another purpose.
• No comment on less restrictive options or supports.

Tips for referrers

The clinician can only answer the questions they are asked. When referring, it helps to provide:

• a copy of the application, or a summary of the orders being sought
• the specific decisions in question, such as a move into care or the sale of a home
• relevant medical, disability and NDIS reports
• names and roles of family members, carers and services involved
• any language, cultural or communication needs
• the hearing date, if one has been set.

The person should be told why the assessment is happening and who will see the report. Explaining this in advance, in plain language, often makes the appointment less stressful.

When a neuropsychological report adds value

A GP report is often enough for straightforward applications. A neuropsychological report can add value when:

• the person’s presentation is mixed, for example good social skills but poor judgement
• there is a brain injury, early dementia, an intellectual disability or a complex mental health history
• family members disagree about the person’s abilities
• capacity seems to fluctuate
• the application concerns reassessment of an existing order.

A neuropsychologist (a psychologist with specialist training in brain and behaviour) uses standardised tests alongside a detailed interview. This shows which thinking skills are affected, which are still strong, and how that profile relates to each decision. It can also identify supports that may allow a less restrictive outcome.

The hearing and afterwards

VCAT hears from the applicant, the person and others involved. The tribunal may speak privately with the person to understand what matters to them. The person’s views carry significant weight, even where their capacity is limited.

Orders can be reassessed, and people can apply to VCAT to change or cancel an order. Updated capacity evidence is often needed at reassessment, particularly if the person’s condition has improved or changed.

Invictus Health कैसे मदद कर सकता है

Our neuropsychologists prepare निर्णय लेने की क्षमता का मूल्यांकन that can be used in VCAT applications and reassessments. For contested matters, we also provide medico-legal assessments. Neuropsychology reports are reviewed by Dr Judy Tang OAM.

Our head office is in Preston and we have clinics across Australia. Please संपर्क करें to discuss a referral. This article is general information and is not legal advice. Please get advice from a qualified professional about a specific application.