What we do
What the Public Guardian does
The Public Guardian protects and promotes the rights, interests, and wellbeing of some of the most vulnerable people in Queensland.
We support:
- Adults who, due to an accident, illness, or disability, cannot make their own decisions (this is called having impaired decision-making ability).
- Children and young people in out-of-home care, disability services, youth detention, and other settings.
The Public Guardian is supported in their work by the Office of the Public Guardian.
Laws that guide the Public Guardian
The Public Guardian’s responsibilities and powers come from the Public Guardian Act 2014. This Act works alongside:
- Guardianship and Administration Act 2000 – allows the Queensland Civil and Administrative Tribunal (QCAT) to appoint guardians or administrators for adults with impaired decision-making ability.
- Powers of Attorney Act 1998 – regulates how adults can appoint someone to make decisions for them through an enduring power of attorney or advance health directive.
How we help adults with impaired decision-making ability
We assist adults who cannot make their own decisions by:
- Making personal and healthcare decisions for them (as a last resort).
- Investigating allegations of abuse, neglect, or inappropriate decision-making arrangements.
- Visiting them at visitable sites to ensure they are safe, well, and their rights are respected.
When we make decisions for adults
If an adult aged 18 or over has impaired decision-making ability, we can act as their:
- Guardian
- Attorney
- Statutory health attorney
We are only appointed as a guardian or attorney (by QCAT) when there’s no one else suitable, such as a trusted family member or friend, to make decisions for them.
When making decisions, we follow a process that limits restrictions on the person’s rights as much as possible.
Learn more about what to expect if we make decisions for you.
Financial decisions for adults
We cannot make financial or property decisions. For these matters, QCAT must appoint an administrator.
Visit the Queensland Civil and Administrative Tribunal.
How we investigate allegations of abuse or neglect
We investigate if an adult with impaired decision-making ability is:
- Being abused or neglected (including self-neglect).
- In a situation where their decision-making arrangements are inappropriate or inadequate.
Abuse can include psychological, financial, physical, or sexual harm. Anyone who witnesses or suspects abuse or neglect can ask us to investigate.
Learn more about our investigations into alleged abuse and neglect.
Why we visit adults
We visit adults with impaired decision-making ability who are staying in or receiving services at visitable sites to ensure they are safe, well, and their rights are respected.
During visits, we:
- Check their living conditions.
- Ask if they are receiving proper care.
- Make sure they know their rights and how to raise concerns.
Adults can request a visit, or someone else concerned about their wellbeing can make the request.
Learn more about our community visitors for adults.
How we help adults with legal issues
When appointed as a guardian, we can make decisions about legal matters (not related to finance or property), including finding a lawyer to represent you.
Learn more about legal decisions.
How we help children and young people
We support children and young people in out-of-home care, youth detention, and other settings by:
- Visiting them to ensure they are safe and well.
- Helping them with legal issues.
Why we visit children and young people
We visit children and young people to ensure they are safe, well, and their rights are being respected.
During visits, we:
- Check their living conditions.
- Ask if they are receiving proper care.
- Help them stand up for their right to have a say in decisions that affect their lives.
Children and young people can request a visit, or their carer or service provider can make the request on their behalf.
Learn more about our community visitors for children and young people.
How we help with children and young people with legal issues
Our child advocates are lawyers who help children and young people in out-of-home care, youth detention, and other settings to:
- Protect their rights.
- Understand legal proceedings.
- Have a say in legal decisions that affect them and their care arrangements.
Learn more about our child advocates.
The difference between Public Trustee and Public Advocate
The Public Guardian is sometimes confused with the Public Trustee and Public Advocate. While their names are similar, their roles are different.
Public Trustee
The Public Trustee can be appointed by QCAT as an administrator to make financial and property decisions for adults with impaired decision-making ability.
The Public Guardian, on the other hand, can only make personal and healthcare decisions—not financial ones.
Visit Queensland Public Trustee for more information.
Public Advocate
The Public Advocate works to protect and promote the rights of adults with impaired decision-making ability through systemic advocacy. This means they focus on improving systems (like laws, policies, and services) rather than advocating for individuals.
Visit The Public Advocate for more information.