VCAT Guardianship and Administration.

Moores is one of the few law firms that have specialist experience and expertise in the Guardianship List.

What is the Guardianship List?

The Victorian Civil and Administrative Tribunal (VCAT) is organised by specialist lists. VCAT’s Guardianship List has broad jurisdiction over the affairs of people who are unable to make their own financial, personal and medical decisions because of a disability.

Proceedings in the List can be complex, requiring not only specialist legal advice but the input of a diverse range of specialists including forensic accountants, financial planners, neuropsychologists, social workers and doctors.

Unlike most Australian legal systems, which are adversarial in nature, the Guardianship List is a “protective jurisdiction” where the wellbeing and interests of the vulnerable person are the tribunal’s paramount concern.

We can help you

Our dedicated Elder Financial Abuse / Guardianship List team help older clients, their loved ones and substitute decisions makers navigate the system and advise you on your rights. We can assist you with proceedings in the Guardianship List including:

• Advising you on all aspects of proceedings in the Guardianship List.
• Appointing an administrator or guardian for a person who cannot manage their own affairs.
• Ordering an attorney to produce accounts showing how they have managed the Principal’s finances and to have those accounts audited.
• Suspending or revoking the appointment of an attorney and, if appropriate, seeking the appointment of an administrator or guardian.
• Obtaining “freezing orders” to restrict access and use of bank accounts (where for instance there are serious allegations of fraud or misappropriation of assets).
• Ordering that an attorney pay compensation to the Principal (or to their estate if the Principal has died) for any loss caused by the attorney breaching the Act.
• Appointing an administrator to handle the financial affairs of a missing person.
• Appointing a guardian where decisions need to be made about a person’s general living or medical circumstances or seeking the removal of a guardian and the appointment of a different one where the attorney or guardian is not complying with their legal duties.

What you can expect

A dedicated practice to helping our older clients and their families

We see many older clients in situations that impact negatively on their quality of life, financial security, family relationships and dignity. Other times it is their family members who have legitimate concerns about whether a parent is subject to elder financial abuse. To be able to more comprehensively meet the needs of these clients we formed a dedicated practice to address and resolve elder financial abuse and provide elder law expertise.

A personal, sensitive approach

Our clients appreciate our personal service and sensitive approach to what can often be distressing circumstances. We get to know you and gain an understanding of the challenges you face, including your family and other relationships that are important to you. However, where circumstances require it, we will advocate forcefully for our clients and take a robust approach to disputes to stamp out elder financial abuse and stop money or assets being misappropriated, or to recover assets.

No surprises pricing

We take our time to understand your situation and the help you need. We provide you with a personalised proposal and a fixed fee cost. You will know the costs before we start work. It is important to us that you feel free to provide information and ask questions without worrying about being charged for every phone call or meeting.