Guardianship and Administration Act 2019

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

will act in accordance with the duties and obligations set out in section 94; and

is a suitable person to act as the supportive guardian or supportive administrator for the proposed supported person.

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

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

the desirability of preserving existing family relationships and other relationships that are important to the proposed supported person;

the nature of the relationship between the person and the proposed supported person, in particular whether the relationship is characterised by trust;

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

the capacity of the person to recognise and give due regard to the importance of the relationship the proposed supported person has with any companion animal of the proposed supported person.