Key Takeaways
- Victoria Legal Aid offers free legal information and assistance regarding guardianship and administration orders, including representation at hearings.
- VCAT’s Guardianship List supervises guardianship and administration orders for individuals aged 18 and over who cannot make decisions regarding their affairs.
- Community legal centres and specialized legal services, such as the Mental Health Legal Centre and Villamanta Disability Rights Legal Service, provide free legal advice and support.
- Financial advice and management support are available through State Trustees and Money Help for those with appointed administrators or budgeting needs.
- The Guardianship and Administration Act 2019 and related legislation govern the framework for guardianship and administration orders in Victoria.
If you are involved with guardianship or administration orders in Victoria, there are several legal and support resources available to assist you. Below is a comprehensive guide to these resources, arranged to provide clarity and ease of access.
Legal Assistance from Victoria Legal Aid
Victoria Legal Aid offers free information and assistance on legal issues, including guardianship and administration orders. If they cannot assist you directly, they can refer you to other organisations.
How Victoria Legal Aid Can Help
- Free Legal Advice: Speak to a lawyer for advice on your guardianship or administration matters. They can explain your rights and options.
- Tribunal Assistance: If you are attending a hearing at the Victorian Civil and Administrative Tribunal (VCAT), Victoria Legal Aid lawyers may help you prepare for the hearing, explore your legal options, and represent you at the tribunal.
- Accessibility Services:
- Language support for those needing help in their preferred language.
- Assistance for people who are deaf or have hearing or speech difficulties.
For more information, visit the Victoria Legal Aid website.
Support from the Victorian Civil and Administrative Tribunal (VCAT)
VCAT’s Guardianship List oversees guardianship and administration orders for individuals aged 18 and over who may be unable to make decisions about their personal, financial, or legal affairs.
Accessing VCAT Files
- You can request access to your case file. VCAT will provide sufficient time to review the file before a hearing.
- Some parts of the file may be restricted if VCAT has a valid reason to withhold the information.
- Fees may apply to access your file, but you can request a fee waiver in specific circumstances.
For further information, visit the VCAT website.
Additional Support Organisations
Legal Services
- Community Legal Centres: Your local community legal centre can provide free legal information and advice. Many centres specialise in disability, mental health, or other related areas. Visit the Community Legal Centres Directory page.
- Mental Health Legal Centre (MHLC): Offers free and confidential legal services to Victorians with lived experiences of mental illness or involvement in the mental health system. Visit the MHLC website.
- Villamanta Disability Rights Legal Service: Located in Geelong, this service specialises in legal issues affecting individuals with disabilities, particularly those with intellectual disabilities. Visit the Villamanta website.
- Law Institute of Victoria’s Legal Referral Service: Helps you locate a private lawyer in your area. The service includes a free 30-minute consultation to help you understand your legal issue and the costs involved. Visit theLaw Institute of Victoria’s Legal Referral Service page.
Financial Support and Guidance
State Trustees
If VCAT appoints an administrator for your financial affairs, State Trustees may act as your personal financial administrator. Visit the State Trustees website.
Money Help
Provides free financial advice and can connect you with financial counsellors to assist with budgeting and debt management. Visit theMoney Help website.
Complaints and Dispute Resolution
If you have concerns about the actions or decisions of organisations such as State Trustees or the Office of the Public Advocate, you can lodge a complaint with the Victorian Ombudsman. They investigate complaints against:
- Government departments
- Public statutory bodies
- Local councils
For more information, visit theVictorian Ombudsman website.
Key Legislation
The following legislation governs guardianship and administration orders in Victoria:
- Guardianship and Administration Act 2019: Provides the framework for guardianship and administration orders.
- Victorian Civil and Administrative Tribunal Act 1998: Governs the operations of VCAT.
- Powers of Attorney Act 2014: Covers enduring powers of attorney and related issues.
Assistance from Pentana Stanton Lawyers
At Pentana Stanton Lawyers, we provide expert legal advice and representation in matters involving guardianship and administration orders. Our experienced team can:
- Advise you on your rights and responsibilities.
- Assist in preparing for VCAT hearings.
- Represent you at VCAT to ensure the best possible outcome.
- Provide ongoing support for managing your legal and financial affairs.
Contact us today to discuss your guardianship or administration matter. Let us help you navigate the legal system with confidence.
