Everyone has the right to make their own choices about what happens in their life. However some people have what's known as impaired decision-making ability which means they need help making some or all of these decisions. The person who performs this role is known as a guardian and would ideally be a family member or friend. However sometimes there is no one suitable in an adult's life and the Public Guardian will be appointed as a guardian of last resort by the Queensland Civil and Administrative Tribunal to be their guardian.

Our clients have a range of conditions that have resulted in impaired decision-making capacity which can include intellectual disability, psychiatric disability, dementia, or an acquired brain injury. What they all have in common though is that they need someone in their corner to help manage their affairs and make sure they are protected and cared for.

As a guardian, I can help my clients make decisions on a range of matters including where they live, who they have contact with, and what medical treatments they receive. I can also advocate on behalf of my client to make sure that they're getting the support services they need from other agencies and organisations including the National Disability Insurance Scheme.

What I can't make decisions on though is anything financial. These decisions are made by the Public Trustee of Queensland.

It's also important to understand the Public Guardian is appointed as a formal decision-maker. That means my role isn't to replace a carer or take the roles and responsibilities of other agencies or service providers.

Our clients may find themselves involved in a legal matter, including criminal, child protection, domestic violence, and mental health court issues, to name just a few. As a legal officer appointed to support or make decisions in legal processes, I can help make sure my client's legal rights aren't limited or denied. I cannot act as their lawyer but I can make sure they have appropriate legal representation and provide instructions to their legal team.

At OPG, we work to promote the independence and autonomy of our clients. This is why we should be taking the wishes of the adult into consideration whenever possible. To do this, I will always try to consult with the adult and their support networks, both personal and professional, before making a decision that affects their life.

For more information on how the Office of the Public Guardian works to protect the rights of Queenslanders who are experiencing vulnerability, visit our website.

Everyone has the right to make the decisions that affect their life. However, due to accident, illness or an intellectual disability, a person may not have the capacity to make some or all of their decisions and needs someone to help them.

In many cases, this person can manage their day-to-day life with support and informal decision-making. This means that friends and family can help them with things like shopping, paying bills and social outings.

But there are some situations when a person may need a formal decision-maker to act on their behalf. For example, moving into aged care, selling a house, ongoing health care decisions and access to support services.

If a person has not completed an enduring power of attorney to nominate their own formal decision-maker, it may be necessary for a formal decision-maker to be appointed by a tribunal. This is the role of the Queensland Civil and Administrative Tribunal, also known as QCAT.

First an application form needs to be submitted to QCAT which can be done by anyone who has a personal or professional interest in the person's situation. The form needs to include information about the decision or decisions that need to be made and a medical report showing that the person doesn't have the capacity to make these decisions themselves. It should also include the risks to the person if no one is appointed to make these decisions.

QCAT will hold a hearing where all interested parties can attend. The QCAT member is able to hear all the evidence on the points raised in the application and talk to the relevant people in the person's life including the person themselves.

QCAT then decides whether the person needs a formal decision-maker and whether they need a decision-maker for personal matters, a decision-maker for financial matters, or both. QCAT will also decide the particular areas in the person's life that a formal decision-maker should be involved with.

So for personal matters, a formal decision maker might be appointed for all personal matters, or just specific areas such as accommodation, service provision or health. The formal decision-maker can only make decisions in the specific areas that QCAT defines. So for example, they cannot make decisions about where the person lives unless accommodation is an area listed by QCAT.

The person formally appointed to make decisions about personal matters is known as a guardian. Personal matters include what health care a person receives, where they live and what services they have access to. A guardian can also make legal decisions, although not about financial or property matters.

The person formally appointed to make decisions about financial matters is know as an administrator. Their role might include managing a person's money and investments as well as legal matters regarding money and property.

If both a guardian and administrator are needed, QCAT may appoint the same person. If different people are appointed to each role, they will need to work together.

QCAT will appoint someone who it believes is most appropriate. The QCAT member will also consider the wishes of the person and other interested parties including their family. Ideally, a family member or a friend of the person will be appointed. However where there is no one suitable in the person's life or no one willing to take on the role, QCAT may appoint the Public Guardian as guardian and/or the Public Trustee as administrator.

If the Public Guardian is appointed, a delegate guardian will work with the person and their support networks to make decisions. It's important to understand that the Public Guardian doesn't take on the role of day-to-day support for the person, and a delegate guardian only needs to be involved in a person's life when a decision needs to be made. The Public Guardian does not make financial decisions for a person. That would be the role of the administrator.

If the Public Trustee is appointed as a person's administrator, a trust officer will work with the adult and their support network to make decisions on the management of their financial affairs.

Information about QCAT processes and the role and responsibilities of the Public Trustee can be found on the websites of each organisation. More information about the role and responsibilities of the Public Guardian can be found on our website.

There are times in your life when  having mates around is the best. Whether it's a hand with your homework, trying to beat the high score, or chucking a ball around at the backyard. But now and then, there  are times you need a friend to look out for you more than ever. Now, for kids in out-of-home care just like you, that friend is a Community Visitor, or CV, from the Office of the Public Guardian. A fancy name, friendly people.

Your CV will look out for you to make sure you're safe and  being properly looked after, whether you're in foster care, staying in a resi, in detention, or anything in between. We'll make sure you're getting a fair go. Now, if you need us to, we'll  come and visit you regularly. Plus, you can call us anytime you need some help. You can trust the OPG to help  you out whenever you need it.

We can help to sort out any issues  you're having with where you're living. We'll put you in touch with any  support or services you might need. Help you out with advice about  allowances and money issues. Give you a hand sorting out issues  with schools, seeing doctors, or if you just need to talk to someone. Sort out contact issues with family. We can even help you out when  it comes to anything official, like dealing with your CSO or  other people from the government.

We'll be there for you from day one. Everyone coming into care gets a visit from a CV. And if you need us, we'll  be there until you leave.

Now, when it comes to official legal stuff, we can help you with that too. The OPG has a team of Child Advocates. Now, these are lawyers who can make sure your voice is heard, and your opinions are taken into consideration when decisions are made that affect  you and your care arrangements. Whether it's where you're going to live, court hearings and tribunals, family contact arrangements, complaints you might have, or any disputes with schools,  carers, or the authorities.

We're not part of the government either. We're an independent body working just for you. These are just a few of the  ways we can give you a hand, but there's much more to it too.

The easiest way to find out more about how we can help is to check out our website. It has everything you need to get in touch. We're on Facebook and Twitter, or you can give us a call.

Having a mate on your side is really important, not just when the times are tough.

So the chances of winning the gold lotto?

Probably zilch. Approximately one in 45 million, yes.

That's why I never spend a lot of money on lotto tickets.

The chances of being killed in a shark attack?

Probably low because we live on land.

One in 8 million.

The chances of meeting someone you'll fall in love with?

I think that's probably about right.

Goodness me.

That's cute.

The chances of having a stroke?

Probably one in thousand?

oh.

Someone has a stroke every nine minutes.

Wow, that's, yeah.

The chances of suffering a brain injury in your lifetime?

One in 50 million?

One in 45 people suffer an acquired brain injury.

And 75 percent of those are under 65.

Wow.

The chances of getting dementia? This to me is a very frightening one.

One person every six minutes is diagnosed with dementia

This means nearly half a million Australians live with dementia.

And I know some of them, so, yes, I can well believe that.

The chances of losing capacity to make decisions at some point in your life?

Yep, that could be high too.

Oof.

I hope I always can.

They're good questions.

I haven't done a great deal of thinking about me being in a position where I'm not gonna be able to make my own decisions later in life.

If I lost the capacity to make decisions for myself, I hope my family would make the right decisions for me.

I believe that my daughters and family would have the capacity to take over.

I would hope that my wife would know what I want, but I'm also assuming that it's my wife that's gonna be making these decisions and I wouldn't know that either.

- [Off Screen] Have you ever heard of an enduring power of attorney?

The enduring power of attorney, no I've never heard that.

I have heard of it, but I don't know like the function, I guess.

Number one, choose someone you trust who would speak for you in the future.

Write it down in an enduring power of attorney.

Share it with the people who need to know.

And number four live your life.

Live your life.

And live your life.

So yeah, it's got me thinking now.

I like that, can I keep that?

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Understanding the OPG investigation process

One of the core functions of the Office of the Public Guardian is to investigate allegations of abuse, exploitation and neglect of adults with impaired decision-making capacity.
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What can OPG investigate?
The types of allegations we can investigate are diverse but broadly relate to personal and financial abuse, harm and exploitation. An example of financial abuse could be an adult's funds being misused while personal concerns include circumstances where an adult is being neglected or does not have access to vital health care or services. We also investigate concerns that an adult is neglecting their own personal well-being or finances.

However, to ensure we are focusing our resources on the most vulnerable adults we have discretion to prioritise taking on only those investigations that present the highest risk of harm to the adult. The purpose of an OPG investigation is to determine if the adult's decision-making arrangements are adequate and appropriate or whether a decision maker needs to be appointed.
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When can’t OPG investigate?

We can only investigate where an adult has impaired decision-making capacity for the area in which the decisions are required. For example an adult may have capacity to make simple financial decisions so we could only investigate allegations that relate to complex financial matters.

You don't have to establish whether the adult lacks decision-making capacity — you just need to describe to us why you think the adult may have impaired capacity. This may include a diagnosis or condition of the adult or observations of the adult's behaviour. However it is important to understand that just because an adult has a diagnosis such as dementia, it doesn't necessarily mean that they do not have capacity to make decisions.
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What are other pathways when OPG can’t investigate?

Families, friends and decision makers like attorneys appointed under an enduring power of attorney can sometimes disagree about the best way to support a person. There are times when there has been a long-standing history of disagreement. Relationship mediation services can often help to resolve conflict between family members or decision makers.

Alternatively legal advice and advocacy services can provide a medium to discuss differences of opinion and find resolutions. In some circumstances, particularly when an adult is at immediate risk, it may also be appropriate to apply directly to the Queensland Civil and Administrative Tribunal or QCAT for a formal decision-maker to be appointed. Where the adult is a senior, a good starting point is the Elder Abuse Helpline as they can provide a range of referral pathways.

If an adult is at immediate danger you should always call Triple Zero.
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What happens during an investigation?

Under the Public Guardian Act the assigned investigator has the right to all information necessary to investigate a complaint or allegation — for example medical or financial records. As well as collecting evidence the investigator will also talk to relevant people and investigators may also visit the adult to obtain their views and wishes. If a current decision maker has been accused of wrong-doing they will be given the opportunity to respond to the allegations and any evidence gathered. When the investigation is complete the investigator will determine what course of action needs to be taken.
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What are the possible outcomes of an investigation?

Wherever possible we will try to educate decision makers on their role and responsibilities and on support networks that can assist both them and the adult. There are a number of possible outcomes of an investigation. These include no action as the allegations are not substantiated, advice or education for a decision maker on how to carry out their role appropriately, an application to QCAT to have a decision maker appointed, or suspension of an enduring power of attorney.

Depending on how complex the investigation is, it may take several months to reach an outcome but if required an attorney can be suspended or an urgent application can be made to QCAT. If an attorney's financial powers are suspended the Public Trustee of Queensland is appointed for financial decisions. If the suspension applies to the attorney's personal and health powers the Public Guardian is appointed. This appointment remains until a QCAT hearing date is set. In extreme circumstances investigators can apply for a warrant to remove an adult from a situation to ensure they are safe.

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Where can I get more information?
The OPG website has a range of information on the investigations process and also information about capacity, what red flags to look for, other referral points and a link to the investigation request form.
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www.publicguardian.qld.gov.au/investigations

A child advocate is a lawyer. We work with children and support them to participate in legal decision-making processes. We meet children and young people through referrals from other stakeholders. They can be from magistrates, carers or even child safety officers.

We can support them to participate by attending children's court, helping them to attend tribunal matters or even stakeholder meetings with people from their schools or from their health team.

I'm drawn to the job because by helping children have their voices heard we really do get better outcomes for them. A young person who has recently been involved with the Department of Child Safety often feels that they don't have a voice and that all their adults are making the decisions.

We make a difference by letting them know that they do have a right to be heard and making sure that adults hear them. Children seem to respond to that really well — they're generally happier and do better in school when they've had a chance to participate in the decisions that are being made about them.

So good outcomes are my favourite part.

For a vulnerable adult affected by illness or disability, having the Office of the Public Guardian on your side to help make decisions can be a source of peace and comfort. Protecting the rights and interests of adults who don't have the ability to make their own decisions is a big responsibility.

The Public Guardian can be appointed by the Queensland Civil and Administrative Tribunal as a decision maker of last resort for personal or health matters if there's no one else who can help in this way. Where possible, the Public Guardian will make decisions in consultation with the adult concerned and with loved ones and friends of the adult.

If there has been an allegation of a vulnerable adult being abused, neglected or exploited, the Public Guardian can investigate the complaint to ensure their well-being.

For factsheets and more detailed information head to the website.

The Office of the Public Guardian — protecting the rights of vulnerable Queenslanders.