Administration orders

Administration orders

An administration order is a legal document that gives a person (called an ‘administrator’) power to make decisions on behalf of another person about your financial affairs. This includes money, property and some legal affairs.

The Victorian Civil and Administrative Tribunal (VCAT) can only make an order if:

  • you have a disability
  • you cannot make reasonable decisions about some or all of your finances because of your disability
  • you need somebody to help you make decisions about your finances.

A disability includes an intellectual disability, a mental illness, an acquired brain injury, dementia or a physical disability.

How administration orders work

If VCAT makes an administration order, an administrator will make decisions about your money and property. You will still own your money and property, but will have less control over what happens with them.

An administration order will specify what decisions the administrator can make about your finances. These decisions can be about some or all of your financial affairs, and may include:

  • looking after your finances, including your bank accounts and investments
  • deciding how you spend and save your money
  • deciding what you do with your property
  • taking legal action on your behalf that could affect your finances
  • entering into contracts on your behalf
  • paying off any debts or fines.

Role of an administrator

An administrator must act in your best interest and take into account your wishes when making decisions. An administrator must also keep good records of how your financial affairs are being managed, and help you get better at looking after your financial affairs.

An administration order does not give an administrator power to make decisions about lifestyle matters such as where you live and where you can work. Only a guardian can make those types of decisions, under aguardianship order.

Even if an administrator is appointed by VCAT, it does not mean you do not get a say about your financial affairs. Your administrator must speak with you about the decisions they are making.

Applying for an administration order

If a person is concerned that you are having difficulty making reasonable decisions about your finances, they may ask VCAT to make an order. This could be a family member or a support worker. The person who asks VCAT to make an order is called the ‘applicant’.

The applicant fills in a VCAT application form about you. They must attach a report from a doctor or social worker that says:

  • what disability you have
  • how your disability impairs your ability to make reasonable decisions about your finances
  • why you need to be an administrator to make those decisions for you.

The applicant must give you a copy of the form and the report. If they do not give you a copy of the form, you can ask VCAT for a copy.

The applicant and VCAT will tell you when your hearing will take place

Hearings at VCAT about administration orders

VCAT must have a hearing to decide whether or not to appoint an administrator. It will only make an order if it is in your best interest.

Before making an order, VCAT must also consider your wishes and whether your needs can be met in a way other than appointing an administrator.

If VCAT makes an order, it will appoint an administrator for you.

For tips and more information about VCAT hearings, see Going to VCAT.

Disagreeing with administration orders

If you disagree with an administration order being made by VCAT about you and would like more information about your what options you may have, see Changing or cancelling an order.

If you are unhappy with your administrator

If you are not happy with your administrator's decisions, try talking to them. If that doesn't help you can make a complaint.

If your administrator is a ‘consultant’ at State Trustees you can:

The Victorian Ombudsman can only look into complaints about government organisations, like State Trustees.

With other administrators, you will have to go back to VCAT and ask for a re-assessment hearing, where you can ask for a different administrator or to have the order cancelled.

Get help

Find out how you can get help with guardianship and administration.

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