Understanding the roles of guardians, administrators and informal decision-makers
Part of the Guardians and administrators topic
Understand the roles that guardians and administrators play in Queensland’s guardianship system.
On this page
In short
Under Queensland’s guardianship system, someone else can be given the legal authority to make decisions for an adult who does not have the capacity to make certain decisions.
This includes guardians and administrators. The Queensland Civil and Administrative Tribunal (QCAT) can appoint them.
Guardians
QCAT can appoint a guardian to make decisions about personal (including health) matters for an adult who does not have capacity to make their own decisions.
Personal matters relate to an adult’s care and welfare, including:
- where the adult lives and who they live with
- services and support provided to the adult
- who the adult has contact with
- day-to-day issues, such as what the adult eats and wears and daily activities
- legal matters, such as seeking legal advice, other than for financial and property matters.
Health matters are a type of personal matter and relate to the adult’s health care, including medical treatments, procedures and services to treat both physical and mental conditions.
Guardians have important legal duties and obligations that they must comply with.
See guardians on the QCAT website.
Administrators
QCAT can also appoint an administrator to make decisions about financial matters for an adult with impaired capacity.
Financial matters relate to finances and property, including:
- paying everyday expenses, such as rent and bills
- making or seeking advice about investment decisions
- seeking legal advice in relation to the adult’s financial or property matters
- carrying on a business or trade
- signing contracts on behalf of the adult and performing contracts entered into by the adult
- selling, mortgaging or purchasing the adult’s property.
Administrators have important legal duties and obligations that they must comply with.
See administrators on the QCAT website.
Administrators for missing persons
QCAT can appoint an administrator for a financial matter for a missing person where QCAT is satisfied that:
- the person is missing
- there is, or is likely to be, a need for a decision in relation to a financial matter
- their financial interests would be adversely affected if an administrator is not appointed.
See appointment of an administrator for a missing person on the QCAT website.
Informal decision-makers
A member of an adult’s support network may make certain decisions for them on an informal basis. This may include a family member or a close friend of the adult.
Informal decision-makers must also apply the general principles.
An application may be made to QCAT for ratification of an informal decision-maker’s decision.