Information for guardians, administrators and informal decision-makers

Part of the Guardians and administrators topic

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In short

Being a guardian or administrator for an adult with impaired capacity to make a decision is an important responsibility with legal duties and obligations that must be complied with.

General principles and health care principles

Queensland’s guardianship laws (the Guardianship and Administration Act 2000 and the Powers of Attorney Act 1998) set out principles that must be applied by any person or entity performing a function or exercising a power under the laws.

As a guardian, administrator or informal decision-maker, you must apply the general principles when making decisions on behalf of an adult with impaired capacity. If you make decisions about health matters, you must also apply the health care principles.

See the General principles and health care principles under Queensland’s guardianship framework factsheet.

Duties and obligations of guardians and administrators

Guardians and administrators have important legal duties and obligations that they must comply with.

It is also very important for a guardian or administrator to read the terms and conditions of QCAT’s appointment order.

Consequences of failing to comply with your duties and obligations as a guardian or administrator could include:

• Being removed as a guardian or administrator for the adult
• Being ordered to pay compensation to the adult
• Other orders and penalties.

It is strongly recommended that you seek advice from a professional (e.g. a lawyer) when considering whether to accept an appointment.

See the Obligations of guardians and administrators factsheet.

How to withdraw as a guardian or administrator

If you no longer want to be a guardian or administrator for an adult, you can apply to QCAT for permission to withdraw.

You must continue to comply with your duties and obligations until this permission is given.

See withdrawing as a guardian or administrator on the QCAT website.

When your appointment ends

QCAT may appoint a guardian or administrator for any period it decides is appropriate. Usually, an appointment must be reviewed by QCAT at least every five years, but it can be reviewed more often depending on the terms of the order.

There are also circumstances where a guardian or administrator’s appointment ends automatically.