Legal decisions
The Queensland Civil and Administrative Tribunal (QCAT) can appoint us as your guardian if you have impaired decision-making ability. If appointed, we can make decisions about your legal matters, but not those related to finance or property.
We can advocate for you and support you in court or other legal proceedings. This includes providing information to the court about your situation and attending court events with you.
However, we cannot act as your lawyer or make certain legal decisions on your behalf.
Who can we assist?
If you're a guardianship client, we can assist you with legal matters that do not involve property or finance. These matters may include instances where you are:
- Charged with a crime
- A parent involved in child-protection proceedings
- The aggrieved or the respondent in a domestic violence order.
What legal decisions can we make for you?
As your guardian, we can:
- Help you understand Queensland’s legal system and processes as much as possible
- Provide instructions to your lawyer based on your decisions regarding your court case
- Assist you in finding a lawyer for legal advice and representation, which may involve a grant of legal aid or support from a community legal service, depending on your circumstances
- Explain your impairment to your lawyer, ensuring they and the court understand how it may affect your ability to participate in legal proceedings
- Support you to make decisions, or make decisions on your behalf, about the conduct of your case
- Provide instructions to your lawyer based on your decisions regarding your court case.
How do we make decisions for you?
Queensland law requires guardians to follow specific principles when making decisions for adults with impaired decision-making ability. These principles align with the rights of all Queensland adults under the Human Rights Act 2019.
What is structured decision-making?
Structured decision-making is a key principle we follow when making decisions for you. This involves:
- Preserving your decision-making rights: supporting you to make your own decisions wherever possible.
- Considering your views and preferences: taking your wishes into account when making decisions on your behalf.
- Using substituted judgement: if we cannot determine your current wishes, we will base decisions on your past views, preferences, and values to make a decision.
Can you access Legal Aid or community legal services?
Depending on your situation, you may be eligible for a grant of Legal Aid or assistance from a community legal service.
Please note, we don't fund legal assistance or representation for our guardianship clients.
Can we consent to forensic examinations?
Yes, we may consent for you to undergo a forensic examination if it's necessary to gather evidence that a criminal offence has been committed against you.