Sue Lyttleton has been acting as a specialist VCAT Administration lawyer for over 25 years. VCAT have entrusted Sue with the management of the financial affairs and VCAT legal advice of many represented persons covering a wide range of issues.
VCAT Legal Advice
The role of Suzanne Lyttleton Lawyers when acting as Administrator is broad and covers many issues, including:
Day to day management of financial affairs;
Managing family conflict on behalf of the Represented Person;
Selling Real property and personal property
Negotiating with aged care providers;
Liaising with the Office of the Public Advocate;
Managing Self-Managed Superannuation Funds;
Selling and buying stock; and
Managing the Represented ATO obligations
VCAT Financial Administration
In Victoria, the Victorian Civil and Administrative Tribunal has the power to appoint an Administrator and /or a Guardian for an adult person who has a disability and resides in Victoria or who has assets in Victoria. However, before such an appointment is made the Tribunal must first find that by reason of the disability, that person is unable to make reasonable judgements about their finances, their person, their circumstances or their estate.
Under the Guardianship and Administration Act 1986, Financial Administrators must always act in the best interests of the Represented Person, take the Represented Peron’s wishes into account when making decisions and encourage the Represented Person, as far as possible, to make decisions and act for themselves.
A Guardian is appointed to make personal lifestyle decisions on behalf of a person with a disability, including decisions about their living arrangements, work arrangements, medical treatment and access to people and services. The expectation is that the Guardian and the Administrator for a Represented Person will work closely together to ensure that all decisions are in the best interests of the Represented Person.
In circumstances where a person has appointed one or more persons as attorney under an Enduring Power of Attorney, and the nominated attorney(s) is unavailable, does not consent to act as an attorney or is found to be acting counter to the best interests of the person suffering a disability, VCAT has the power to suspend or revoke the appointment of the attorney(s) and appoint an Administrator.
All Guardians and Administrators appointed by VCAT are answerable to the Tribunal. Administrators are required to lodge annual accounts which are audited by State Trustees Limited and all appointments are subject to reassessment when requested by any person and not more that tri yearly.
For more information on VCAT legal advice, or to speak with a VCAT lawyer please contact our office: 03 9646 4477