Possible investigation outcomes
An investigation’s outcomes depends on the evidence collected and the investigators’ findings. Actions also depend on the situation and severity of the abuse. There are several possible outcomes.
- If there was no formal decision maker in place previously, an application will be made to the Queensland Civil and Administrative Tribunal (QCAT) to have a guardian and/or administrator appointed. QCAT may appoint a family member or friend of the adult or, if there is no suitable person available, the Public Guardian (for personal, healthcare and legal decisions) and/or Public Trustee (for financial decisions).
- If our investigation establishes that the existing decision maker was acting in an inappropriate or inadequate fashion, an application may be made to QCAT for a replacement guardian and/or attorney to be appointed. In these cases the Public Guardian has generally already suspended the existing attorney and appointed themselves and/or the Public Trustee as interim guardian and/or attorney. QCAT may continue with these appointments if there isn’t a more suitable person in the adult’s life.
- A decision may be made to supervise an attorney, guardian or administrator for a reasonable period of time, or ask a financial administrator or attorney to present a management plan for approval.
- An informal resolution may be determined, mostly when an attorney simply may be unaware of their responsibilities and is inadvertently acting in an inappropriate manner or if there is family conflict and the adult’s needs aren’t being put first. This will generally involve informing/advising an involved party, and highlighting their responsibilities under the law and how their current actions are in breach of the law.
We also may take no action. For example, when our investigation does not find evidence of abuse or when we find that the adult has capacity to make their own decisions about the issue being considered.