Guardianship and Administration

Guardianship and administration law governs the situation where an individual is no longer able to make certain personal and health care decisions on their own. In this situation, a substituted decision-maker may be appointed to help the individual with impaired capacity by making these decisions on their behalf

Factsheets

• GAA – Guardianship and Administration toolkit

• GAA – Types of substituted decision making

• GAA – Purpose of Act and general principles

• GAA – Capacity

• GAA – Application for appointment of a Guardian or Administrator

• GAA – Review of appointment

• GAA – Duties of appointees and remedies in case of breach

• GAA – End of appointment

• GAA – Functions and powers of the Tribunal

External Resources

• Public Guardian – The Office of the Public Guardian is an independent body, working to protect the rights and interests of adults who have an impaired capacity to make their own decisions.

• Public Trustee of Queensland – The Public Trustee provides enduring powers of attorney, free wills, investment, executor and financial administration services to Queenslanders.

• Administration for adults– Queensland Civil and Administrative Tribunal – QCAT can appoint an administrator to assist an adult with impaired decision making capacity by making certain financial and legal decisions on their behalf.

• Guardianship for adults – Queensland Civil and Administrative Tribunal – QCAT can appoint a guardian to help an adult with impaired decision making capacity by making certain personal and health care decisions on their behalf.

• Office of Public Guardian – Guardianship forms and publications – Access forms relevant to Power of Attorney matters.

Where to go for help

• LawRight is an independent, not-for-profit, community-based legal organisation that operates a civil law referral service for pro bono legal representation and direct legal services for particular disadvantaged client groups. For more information about the help available, and the process for applying for help, please see the LawRight website at www.lawright.org.au LawRight’s Self Representation Service provides free legal advice and assistance to self-represented parties throughout the course of their proceedings in the Queensland Civil and Administrative Tribunal.

• Aged and Disability Advocacy Australia Inc – ADA Australia is a not-for-profit, independent, community based advocacy service with over 20 years experience in supporting the needs of older people and people with disability in Queensland.

• Seniors Legal and Support Services – The Seniors Legal and Support Services provide free legal and support services for seniors concerned about elder abuse, mistreatment or financial exploitation. The services are staffed by solicitors and social workers.

• You may wish to approach a community legal centre for assistance. To find your nearest community legal centre, please visit the Community Legal Centres Queensland website at www.communitylegalqld.org.au . There are a number of community legal centres throughout Queensland that hold regular advice sessions.