Guideline 3 – guardianship and/or administration cases in the Guardianship List

Guideline 3 – guardianship and/or administration cases in the Guardianship List

Victoria Legal Aid (VLA) may make a grant of legal assistance to a person for a guardianship and/or administration case in the Guardianship List of the Victorian Civil and Administrative Tribunal (VCAT) and for an appeal from the Tribunal’s decision if there is a reasonable prospect of either:

  • preventing the appointment or re-appointment of a guardian and/or of an administrator
  • removing a guardian and/or administrator.

Documentary requirements

Applications under this guideline can only be submitted via the standard grants assessment process.

A member of the section 29A practitioner panel or section 30 referral panel seeking a grant of legal assistance should submit an application via ATLAS for assessment, including all of the following documents:

  • after referring to guideline 3 and all available material, the lawyer’s assessment of the prospects of removing or preventing the appointment or reappointment of a guardian or administrator
  • a copy of any current guardianship or administration order
  • documentary proof of any State special circumstances
  • reference to how the matter meets the State reasonableness test
  • relevant proof of means.