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Guardianship
The Guardianship and Administration Act 2000 of Queensland establishes a comprehensive system for the appointment of guardians and administrators to manage the personal and financial affairs of adults with impaired decision-making capacity.
Although many parties make informal arrangements to help close relatives who have impairments, the Guardianship and Administration Tribunal (the tribunal) provides a legal mechanism for appointing guardians and administrators to make certain decisions. The tribunal is an independent authority with the power to protect individuals with impaired decision making capacity and to appoint guardians or administrators who will act in their interests.
A guardian is a person appointed by the tribunal to deal with the day to day affairs of an adult with an impaired capacity. Guardians make decisions about personal matters such as medical treatment, employment services and accommodation. A guardian must be over 18 years of age and he or she must not be a paid carer or health provider for the adult.
An administrator is someone who is appointed by the tribunal to manage the financial matters of an adult who is unable to make such decisions.
If you want to make formal arrangements to appoint a guardian or administrator, then an application must be made to the tribunal. Our Family Law team is able to assist you during the process. The tribunal will hold a hearing and make a decision in relation to the application. Before making a decision, the tribunal will:
Depending on the nature of the application, the tribunal may appoint:
An adult guardian can also assist adults in making personal, health care or financial decisions, and where there is an allegation of neglect or abuse against an adult who may have an impaired capacity, they have the authority to investigate the matter, suspend the operation of a power of attorney already given, conduct an audit and/or obtain a warrant for the removal of the adult.
To find out more, please contact our Family Law team or access the government provided information at the Department of Justice website.
The Guardianship & Administration Tribunal
Although many parties make informal arrangements to help close relatives who have impairments, the Guardianship and Administration Tribunal (the tribunal) provides a legal mechanism for appointing guardians and administrators to make certain decisions. The tribunal is an independent authority with the power to protect individuals with impaired decision making capacity and to appoint guardians or administrators who will act in their interests.
What is a guardian?
A guardian is a person appointed by the tribunal to deal with the day to day affairs of an adult with an impaired capacity. Guardians make decisions about personal matters such as medical treatment, employment services and accommodation. A guardian must be over 18 years of age and he or she must not be a paid carer or health provider for the adult.
What is an administrator?
An administrator is someone who is appointed by the tribunal to manage the financial matters of an adult who is unable to make such decisions.
What is the process of formally appointing a guardian or administrator?
If you want to make formal arrangements to appoint a guardian or administrator, then an application must be made to the tribunal. Our Family Law team is able to assist you during the process. The tribunal will hold a hearing and make a decision in relation to the application. Before making a decision, the tribunal will:
- Make independent inquiries about the adult's capacity and impairment;
- Receive and hear information from the adult and others concerned;
- Ensure that a guardian or administrator is required. The tribunal will review whether the adult is likely to do something that poses an unreasonable risk to his/her health, welfare or property if a guardian or administrator is not appointed;
- Investigate whether or not the adult's needs can be met or interests protected without making the appointment; and
- Decide the terms of appointment.
Who will be appointed as the guardian or administrator?
Depending on the nature of the application, the tribunal may appoint:
- An adult guardian
An adult guardian can also assist adults in making personal, health care or financial decisions, and where there is an allegation of neglect or abuse against an adult who may have an impaired capacity, they have the authority to investigate the matter, suspend the operation of a power of attorney already given, conduct an audit and/or obtain a warrant for the removal of the adult.
- The Public Trustee
Where can I get further information?
To find out more, please contact our Family Law team or access the government provided information at the Department of Justice website.