Office of the Public AdvocateWhen VCAT receives an application for administration or guardianship, or for orders about powers of attorney, the member (person making the decision) sometimes asks OPA to gather more information. This is to help the member decide the outcome of a proceeding. This is known as an investigation.
The specific matters to investigate will depend on the type of proceeding and the circumstances. The VCAT referral often asks OPA to find out about the proposed represented person’s will and preferences and their decision-making capacity, and to provide information about ways to resolve the issues being raised that are less restrictive than guardianship and administration. This is known as looking for less restrictive alternatives.
During an investigation, the allocated investigator will usually seek to meet the proposed represented person.
After completing their investigation, the investigator will generally provide a written report to VCAT.
While OPA staff collect and provide information, it is VCAT that decides whether a guardian, supportive guardian, administrator or supportive administrator is needed and, if so, who should be appointed. It is also up to VCAT to decide whether an enduring power of attorney should be revoked, suspended, or whether other changes are required.
