Guardianship and Administration Act 2019

VCAT may appoint as a guardian any individual who is of or over the age of 18 years and who consents to act as guardian if VCAT is satisfied that the individual—

will act in accordance with the duties set out in Division 4; and

is not in a position where the individual's interests conflict, or may conflict, with the interests of the proposed represented person; and

is a suitable person to act as the guardian for the proposed represented person.

VCAT may appoint as an administrator any person (individual or body corporate) which, in the case of an individual, is of or over the age of 18 years and which consents to act as administrator if VCAT is satisfied that the person—

will act in accordance with the duties set out in Division 7; and

is not in a position where the person's interests conflict, or may conflict, with the interests of the proposed represented person; and

is a suitable person to act as the administrator in relation to the proposed represented person; and

has sufficient expertise to make decisions about any financial matter to be specified in the administration order.

In determining whether a person is a suitable person to act as a guardian or administrator for a proposed represented person, VCAT must take into account the following—

the will and preferences of the proposed represented person (so far as they can be ascertained);

the desirability of preserving existing relationships that are important to the proposed represented person;

the desirability of appointing a person who is a relative of the proposed represented person, or who has a personal relationship with the proposed represented person, rather than appointing a person with no such relationship;

whether the person will be available to the proposed represented person and able to meet and communicate with the proposed represented person;

whether the person will act cooperatively with any current guardian or administrator for the proposed represented person (as the case requires);

whether, in the case of an administration order, the person proposed as administrator is or was a member of VCAT as constituted for a proceeding under this Act.

VCAT may appoint as an administrator a person who was at any time a member of VCAT as constituted for a proceeding under this Act if VCAT considers that in the circumstances it is appropriate for the person to act as an administrator.

VCAT must not assume without any evidence that a proposed represented person's relative who is proposed as the guardian or administrator—

has interests that conflict, or may conflict, with those of the proposed represented person merely because the proposed guardian or administrator is a relative of the proposed represented person; or

is not suitable to be appointed as the guardian or administrator merely because that relative disagrees with another relative of the proposed represented person about a matter pertaining to the proposed represented person.

If a statement of wishes for a future appointment was lodged under section 35, VCAT must consider that statement.