Applying for a guardian or administrator
Part of the Guardians and administrators topic
Understand applying for a guardian or administrator for an adult with impaired capacity to make a decision.
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In short
The Queensland Civil and Administrative Tribunal (QCAT) can appoint a guardian to make decisions about personal (including health) matters or an administrator to make decisions about financial matters for an adult who does not have the capacity to make these decisions themselves.
Who can apply
Any ‘interested person’ may apply to QCAT for the appointment of a guardian or administrator for an adult with impaired capacity for a matter.
This includes family members, close friends, professionals, or anyone with a sufficient and genuine concern for the rights and interests of the adult.
Adults with impaired capacity to make a decision can also apply on their own behalf.
The Public Guardian may also apply.
Making an application
You must complete an application form and lodge it with QCAT if you want to apply for a guardian or administrator.
See making an application on the QCAT website.
Who can be appointed
To be appointed as a guardian or administrator, a person must:
- be 18 or older
- not be a paid carer or health provider for the adult
- for an administrator appointment, not be bankrupt or taking advantage of the laws of bankruptcy.
When deciding where a person should be appointed as a guardian or administrator, QCAT must consider whether the person is appropriate to be appointed. This includes considering:
- whether the person is likely to apply the general principles
- for a health matter, whether the person is likely to apply the health care principles
- whether, and how much, the adult’s and person’s interests are likely to conflict
- whether the adult and person are compatible
- where the person is available to act on behalf of the adult
- whether the person is appropriate and competent to perform the functions and exercise the powers of a guardian or administrator.
QCAT may appoint the Public Guardian as guardian for an adult only if there is no other appropriate person available for appointment.
QCAT may also appoint the Public Trustee or a trustee company as an administrator for an adult.
QCAT can appoint multiple guardians and administrators and can specify which matters they can decide and how they must make decisions.
QCAT may appoint a guardian or administrator for an adult when:
- a decision about a matter is required
- the adult does not have capacity to make the decision, even with support and access to the necessary information
- the adult’s needs and interests will not be adequately met or protected if a guardian or administrator is not appointed.
You should also consider whether the adult has made an enduring power of attorney or an advance health directive which applies to the decision that needs to be made. In some cases, the decision may also be made by an informal decision-maker.
See whether you need to make an application on the QCAT website.
An administrator for a financial matter may also be required where a person is missing.