Guardianship for adults matters
Queensland Civil & Administrative Tribunal (QCAT) applications for guardianship and administration
A guardian is a person appointed by QCAT to help adults with impaired decision making capacity make certain personal and health care decisions. This makes sure that the adult's needs are met and their interests are protected.
QCAT's function is to determine whether or not an adult has capacity to make decisions about their affairs, and whether there is a need to appoint appropriate decision makers to act on the adult's behalf. Someone may have impaired capacity, and not be able to make their own decisions, owing to illness, injury or a more permanent medical condition.
In the event that a person has impaired capacity QCAT provides a legal mechanism for appointing guardians and administrators to make decisions when the need arises. A guardian's role is to assist adults with impaired decision making capacity make personal healthcare, lifestyle and some legal decisions. An administrator is there to assist the person to make financial and legal decisions.
In order to become involved QCAT must receive an Application from someone who has a genuine and continuing interest in the welfare of an adult with impaired decision making capacity. Such a person may be a family member, close friend or professional. Adults with impaired capacity can also apply to QCAT themselves. A person should consider applying to QCAT if:-
- the adult is suffering from personal and/or financial abuse, neglect or exploitation,
- disputes arise within a family or between a family and support services regarding the adult's needs,
- an agreement, such as a Contract for Sale of property, needs to be signed by the adult, and no-one else is authorized to sign on the adult's behalf,
- the adult is making or is likely to make a decision that is detrimental to his/her health, welfare or financial interests.
An Application to QCAT is made in writing using a form which is sent to the Tribunal. The form requires the applicant to demonstrate that there is a specific need for the appointment of a guardian and/or administrator. Supporting documents must be submitted, such as Reports from health professionals. There is no cost in making an Application, but enquiries can be made as to whether there are costs involved with, for example, attendance by telephone or video conferences.
On receiving an QCAT ensures that there is sufficient information to have the matter listed for a Tribunal hearing. This means:-
- making enquiries into the nature and degree of the decision making capacity of the adult,
- collecting information from the adult, and regarding proposed guardians/administrators.
Once an Application is received, it can take up to 3 months before a hearing takes place.
The hearing is when the Tribunal hears evidence and opinions about an Application. It is the opportunity for anyone with a genuine and continuing interest in the adult to put their views forward and have them considered. The hearing location is usually in the town where the adult resides, as Tribunal members travel throughout the State in order that Applicants can be dealt with locally. On conclusion of the hearing, and after hearing the evidence, the Tribunal will normally make a decision. The types of decision it can make are:-
- leaving current arrangements in place,
- that the adult has impaired decision making capacity for some or all matters,
- appointing a guardian to make personal, healthcare and lifestyle decisions on behalf of the adult,
- appointing an administrator to make some or all financial decisions for the adult,
- who is the most appropriate person or agency to be appointed as the guardian and/or administrator,
- giving consent for special healthcare for an adult,
- making an interim order for an urgent situation,
- declarations about the validity and/or parameters of an Enduring Power of Attorney.
For further information about the QCAT please contact us, and we will be pleased to assist and advise regarding an Application if one is necessary. Additional information can be obtained at www.qcat.qld.gov.au.
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