When is a guardian appointed?

Queensland's Guardianship and Administration system

Video transcript

When a person no longer has the capacity to make their own decisions, they may need a formal decision maker appointed. A formal decision maker can make decisions on behalf of a person about all aspects of their life, such as moving into an aged care facility, selling a house or organising access to services.

If a person has appointed an attorney under an Enduring Power of Attorney, this person would take on the role as a formal decision maker. However, when there is no attorney and where the person may be at risk of harm, an application can be made to the Queensland Civil and Administrative Tribunal (QCAT) to have a formal decision maker appointed.

Anyone with a personal or professional interest in a person’s life can make an application to QCAT if:

  • they believe the person doesn’t have capacity to make decisions for themselves
  • there is conflict over a decision that needs making
  • they are at risk of abuse, neglect or exploitation.

Sometimes QCAT may decide that there is no one suitable in the person’s life to take on this role. So the Public Guardian may be appointed as last resort for personal and/or health decisions, and the Public Trustee for financial matters.

Read our brochure to find out more about Queensland's Guardianship and Administration system.

Go to QCAT to find out more information about how to make an application.