Your role as a private guardian
What is your role as a private guardian?
Becoming a private guardian is a big responsibility. If you've been appointed as a guardian for someone, it means:
- The Queensland Civil and Administrative Tribunal (QCAT) has trusted you to make decisions for an adult who cannot make decisions for themselves (known as impaired decision-making ability or capacity).
- When making decisions, your role is to protect the adult's human rights by consulting with them on their choices and respecting their views and wishes.
What are your responsibilities as a guardian?
Your role is outlined in the guardianship order issued by QCAT. These responsibilities focus on ensuring the person’s needs are met while respecting their views, wishes and preferences.
Follow the guardianship order
The guardianship order specifies the areas where you are allowed to make decisions, such as:
- Health care: medical treatments, therapies, or procedures
- Accommodation: where the person lives and who they live with
- Services: the services they should receive or participate in
- Contact matters: who they should have contact with and/or visit.
You cannot make decisions outside what is listed in the order. For example, if accommodation is not included, you cannot decide where the person lives.
Additionally, you are not allowed to make decisions about:
- Financial or legal matters: these are managed by an administrator
- Special personal decisions: matters such as marriage, voting, making a will, or significant medical procedures (e.g. sterilisation, termination of pregnancy, or tissue donation).
For these matters, you must consult QCAT. For more details, visit QCAT's website.
Respect the person’s human rights
As a guardian, you must act honestly and diligently, to ensure your decisions uphold the person’s human rights under Queensland’s Human Rights Act 2019. If your decisions limit these rights, they must be necessary and justifiable. For example, it may be necessary to arrange accommodation in a secure facility for their safety.
If you're unsure about your responsibilities under the Human Rights Act 2019, contact the Queensland Human Rights Commission for guidance.
Involve the person in decision-making
When a person lacks capacity (also known as impaired decision-making ability), they should be included in decisions as much as possible. Under Queensland law you are required to follow the General Principles and Health care principles that protects the person’s rights, respects their views and reflects their preferences.
These include:
- Considering preferences: Take the person’s views, wishes and preferences into account and support them in understanding their issues and expressing their preferences
- Recognising their support networks: Seek input from their existing support network to understand their views, wishes, and preferences or what their circumstances might have been
- Using substituted judgement: If their preferences are unknown, you must consider:
- Their past views, values, and life experiences
- Any decisions based on what they would likely have wanted in similar circumstances.
Your goal is to make decisions that reflect what the person would choose if they were able to decide for themselves, while also protecting their safety and wellbeing.
Maintain records and accountability
You are accountable to QCAT for your decisions and actions. To meet your responsibilities:
- Record the decisions you make, the reasons behind them and the steps you took to arrive at those decisions.
- Include details about who you consulted (e.g., the person, family members or professionals) and how their input helped you to make your decision.
- Use QCAT's Record of a Guardian’s Decision template, which can help you organise and standardise your record-keeping.
- Consider creating a decision log or diary to track all decisions and actions in chronological order.
- Keep a record of all discussions with the person, family members, carers and professionals.
- Note the date, time, and key points of each conversation, as well as any agreements or disagreements.
- Keep copies of relevant documents, such as medical reports, service agreements and correspondence with service providers.
- Store these securely and ensure they're easily accessible for review by QCAT or other authorities.
- Base your decisions on professional advice or evidence, such as medical opinions or assessments.
- Attach supporting documents to your records to show your decisions were informed and reasonable.
- Regularly review your records to ensure they're complete and up to date.
- Reflect on past decisions to identify any areas for improvement.
- Share relevant information only when necessary and appropriate, ensuring it aligns with the privacy and confidentiality rights of the person you are supporting.
- Transparency should focus on promoting collaboration and avoiding conflicts, while safeguarding the person’s sensitive information.
- When sharing information with other guardians, administrators, or stakeholders, ensure it's limited to what is required to make informed decisions or resolve disputes, and always consider the person’s best interests and consent where possible.
- QCAT may review your guardianship appointment at any time. Having clear, organised and comprehensive records will make it easier to show you've acted in line with the person’s views, wishes and preferences.
Other practical tips for maintaining accountability include:
- Using a checklist: create a checklist of your responsibilities under the guardianship order to ensure you are meeting all requirements
- Setting reminders: use reminders or calendars to track important dates, such as medical appointments, service reviews, or QCAT reporting deadlines
- Separating personal and guardianship records: keep the person’s records separate from your personal files to avoid confusion and ensure confidentiality.
By following these practices, you can maintain accountability, protect the person’s privacy and be prepared for any reviews or inquiries into your role as a guardian.
Protect privacy and confidentiality
Protect the person’s personal information, such as medical records, financial accounts, and service agreements. Store documents securely and only share information when necessary, such as with health care providers or service organisations.
Make informed and balanced decisions
Decision-making is a key part of your role. When making decisions, consider:
- The person’s views, wishes and preferences
- Input from family, carers and professionals
- The person’s safety, wellbeing, and long-term independence.
For example, if you're choosing accommodation, balance the person’s preferences (e.g. staying close to family) with their needs (e.g. accessibility) and safety (e.g. level of supervision).
Remember to regularly communicate with other appointed guardians or administrators to avoid conflicts.
Manage conflict
Conflicts may arise between family members or other stakeholders.
To minimise disputes:
- Be transparent in your decision-making
- Keep clear records of your decisions and reasoning.
If conflicts persist, consider mediation or contact QCAT for guidance.
What additional responsibilities do I have in specific situations?
Health care decisions
- Follow the Advance health directive (AHD) - if the person has an AHD, you must follow the instructions outlined in it before making any decisions. The AHD takes precedence in guiding health care decisions
- Consider medical advice and preferences - base your health care decisions on professional medical advice and the person’s known preferences, ensuring their rights and wishes are respected
- Seek guidance for complex decisions - for complex or high-risk procedures, consult QCAT or other relevant professionals as required.
Restrictive practices
If you're authorised to make decisions about restrictive practices (e.g. physical restraints), you must ensure they:
- Are only used as outlined in an approved Positive behaviour support plan (PBSP)
- Prioritise the person’s safety and dignity
- Are reviewed regularly to prevent overuse.
More information
If you have further questions you can call us on 1300 753 624 or read the following resources: