Guardian and administrator
Everyone has the right to make decisions about their own life, choices about healthcare, support services, living arrangements, and finances.
If you’re unable to make decisions because of impaired decision-making ability (also called capacity), someone else may need to step in to make those decisions for you.
In Queensland, the Guardianship and Administration Act 2000 allows the Queensland Civil and Administrative Tribunal (QCAT) to appoint guardians and administrators for adults aged 18 and over who can’t make decisions about their personal or financial matters:
- a guardian helps with personal decisions
- an administrator manages financial and legal matters.
What is a guardian or administrator?
A guardian or administrator is a formal decision-maker appointed by QCAT to help you to make some or all of your own decisions.
- Guardians assist with personal and lifestyle decisions, such as where you live, who you have contact with, and what healthcare you receive.
- Administrators manage financial matters, such as paying bills, handling banking, and managing property or investments.
When do you need a formal decision-maker?
Most day-to-day decisions can be managed informally with help from a family member or friend. For example, they might assist you with:
- shopping
- paying bills
- organising social outings.
However, a formal decision-maker may be needed for bigger decisions, such as:
- moving into aged care, supported accommodation, or shared housing
- selling your home or other major assets
- organising access to essential services such as disability support or healthcare.
If you’ve already appointed an attorney under an Enduring Power of Attorney (EPOA), they will take on the role if you lose decision-making ability.
If you don’t have an attorney, a family member, friend, or a professional supporting you may apply to QCAT to appoint a guardian or administrator.
What is decision-making ability?
Decision making ability, also known as capacity, means you can:
- understand the decision your options and the consequences of each option
- decide freely without pressure or influence from others
- communicate your decision in some way (e.g. speaking, writing or using an interpreter).
The law assumes you have the ability to make your own decisions unless proven otherwise. Decision-making ability is specific to the situation, so you might be able to make some decisions but not others.
How is a guardian or administrator appointed?
If you’re unable to make decisions for yourself, someone with a personal or professional interest in your life can apply to QCAT. This might happen if:
- you can’t make decisions for yourself
- there’s conflict over a decision that needs to be made
- you’re at risk of abuse, neglect (including self-neglect), or exploitation
- there are no other support arrangements.
Before applying, they must check if you’ve already appointed someone under an EPOA. They also need to let you know they’re making the application.
What is needed for a QCAT application?
To apply to QCAT, the person applying will need:
- Form 10: Application for Administration/Guardianship Appointment or Review
- medical report or cognitive assessment: evidence from your doctor or health professional showing you lack decision-making ability
- financial management plan: this is only needed if they’re applying to be your administrator.
Once the application is submitted, QCAT will notify you and interested parties of the hearing date. If your welfare or finances are at immediate risk, they can apply for an Interim Order.
What happens at the QCAT hearing?
QCAT holds a hearing to listen to you and people who know you. At the end of the hearing, QCAT will decide:
- if you need a formal decision-maker
- who the most appropriate guardian or administrator is
- what decisions they can they make
- how long they will be appointed for (up to 5 years).
Who can be appointed as a guardian or administrator?
QCAT usually appoints a family member or friend, also known as a private guardian. If no suitable person is available, or if there’s family conflict, QCAT may appoint a government official:
- Public Guardian can be appointed to make personal and healthcare decisions for you
- Public Trustee can be appointed as an administrator to manage financial matters.
Responsibilities of a guardian
A guardian can help you with personal decisions, such as:
- where you live
- who you have contact with
- what services you receive.
Guardians cannot make financial decisions unless they’re also appointed as your administrator.
Responsibilities of an administrator
An administrator can help you with financial and legal decisions, such as:
- paying your bills and creating a financial plan
- buying or selling your property
- handling your banking and investments.
Administrators must act in your best interests and cannot have financial conflicts. They’re required to provide annual accounts to QCAT.
How can the Public Guardian help you?
If QCAT appoints the Public Guardian as your guardian, we will:
- make decisions only in the areas specified in the QCAT order
- follow a Structured Decision- Making Framework , ensuring decisions reflect your views, wishes, and preferences wherever possible.
Under this framework:
- if your views and preferences are clear and align with the decision to be made, we'll act on them without consulting others
- if your views are unclear, we may consult your support network or other relevant parties to protect your rights and interests.
Our role is to promote and protect your rights and opportunities while ensuring decisions are made in the least restrictive way possible and in line with the Guardianship and Administration Act 2000.
How can the Public Trustee help you?
If the Public Trustee is appointed as your administrator, they'll:
- develop a financial plan for you
- ensure you have access to benefits and income
- manage your investments, tax, and legal matters.
Visit Queensland Public Trustee’s Financial Administrations for more information.
Your rights and involvement
Your guardian or administrator must:
- involve you in the decision-making process
- respect your views and wishes wherever possible
- make decisions that promote your rights.