GUARDIANSHIP AND ADMINISTRATION
The Guardianship and Administration Act 2000 (Qld) is the law under which a person is appointed a Guardian or Administrator, and the Guardianship and Administration Tribunal (GAAT) is where decisions about who will be appointed a Guardian or Administrator are made.
GAAT can decide to appoint a Guardian to make personal and lifestyle decisions on behalf of the person. These decisions include where and with whom the person lives; the person's health care; day-to-day issues such as diet and dress; the person's employment; and legal matters that do not relate to the person's financial or property matters.
Or, GAAT can appoint an Administrator to make decisions about money and property on behalf of the person. These decisions include buying and selling property; paying the person's expenses; conducting trade or business on behalf of the person; making financial investments; and all legal matters relating to the person's financial and property matters.
To be appointed as a Guardian or Administrator for a person you must be 18 years or older, and cannot be a paid carer or health provider for the person.
There is a lot of material available on Guardianship and Administration. You may wish to call the Guardianship and Administration Tribunal for help, their contact details are:
Guardianship and Administration Tribunal
Tel 07 3234 0666
Email guardianship@justice.qld.gov.au
Or, for more information on Guardianship and Administration please click on the following links.
Guardianship and Administration Act 2000 (Qld)
This Act is the law relating to the appointment of Guardians and Administrators to manage the personal and financial affairs of adults with impaired competence or capacity, the Guardianship and Administration Tribunal, the Office of Adult Guardian, and the Office of Public Advocate.
Office of the Public Trustee of Queensland
Guardianship and Administration
This information sheet looks at how the Guardianship and Administration Tribunal (GAAT) appoints and monitors Guardians and Administrators and defines the types of decisions a Guardian or Administrator is allowed to make on behalf of an adult with impaired competence or capacity. It also considers the functions and supervisory jurisdiction of GAAT.
Role of an Administrator: Duties and Responsibilities
This booklet describes the duties of an Administrator under the Guardianship and Administration Act 2000 (Qld).
Duties of an Administrator: The General Principles
This resource outlines principles that Administrators should follow when performing their duties including:
1. Presumption of capacity
2. Same human rights
3. Individual value
4. Valued role as a member of society
5. Participation in community life
6. Encouragement of self-reliance
7. Maximum participation, minimal limitations and substituted judgement
8. Maintenance of existing supportive relationships
9. Maintenance of environment and values
10. Power exercised appropriate to circumstances and
11. Confidentiality
A Guide for Financial Administrators
This guide helps Administrators understand their responsibilities under the Guardianship and Administration Act 2000 (Qld) and contains a list of organisations that administrators can contact for help.
Fees and Charges for Disability Services and Administrators
This pamphlet outlines the fees charged by the Office of the Public Trustee of Queensland if they are appointed as Administrators.
Guardianship and Administration Tribunal of Queensland
General Information about the Guardianship and Administration Act 2000
Factsheet 1 provides general information about the Guardianship and Administration Tribunal. It describes the role of the Tribunal and how you can apply to the Tribunal if you want it to review the appointment of Guardian or Administrator.
Guardians: Helping People with Impaired Decision Making Capacity
Factsheet 2 contains a series of 'frequently asked questions' about the appointment and duties of a Guardian.
Administrators: Helping People with Impaired Decision-Making Capacity
Factsheet 3 contains a series of 'frequently asked questions' about the appointment and duties of an Administrator.
What to expect at a Tribunal Hearing
Factsheet 4 describes the process followed by the Guardianship and Administration Tribunal when appointing a Guardian or Administrator to assist an adult with impaired capacity. In doing so it outlines:
1. Where Tribunal hearings are held
2. Who can attend Tribunal hearings
3. What happens during Tribunal hearings
4. How long a hearing lasts and
5. The types of decisions that the Tribunal can make
Dealing with Special Health Care: Helping People with Impaired Decision-Making Capacity
Factsheet 5 looks at the Special Health Care (SHC) procedures which need the consent of the Guardianship and Administration Tribunal before they can occur.
Reviewing Guardianship and Administration Orders
Factsheet 6 gives a brief description of what Guardianship and Administration Orders are and lists the various types of review processes that the Guardianship and Administration Tribunal can undertake in relation to these orders.
Service Statement of the Guardianship and Administration Tribunal
Factsheet 8 talks about the vision and mission of the Guardianship and Administration Tribunal.
Guardians and Administrators: Their Powers, Responsibilities, Duties and Rights
Factsheet 9 outlines the powers, responsibilities, duties and rights of Guardians and Administrators.
Interim Orders for Guardianship and Administration
Factsheet 10 discusses Interim Orders. It considers the purpose of Interim Orders and how to apply to the Guardianship and Administration Tribunal for an Interim Order.
Application for a Declaration about Capacity
This Application Form must be filled out before you can apply to the Guardianship and Administration Tribunal to make a declaration that a particular person you know is incapable of making decisions on their own.
De-Identified Reasons Published on AustLII
This resource contains a list of decisions made by the Guardianship and Administration Tribunal of Queensland between 2000 and 2006. Each case is hyperlinked to AustLII. The cases are divided into 26 categories, each according to subject matter. These categories include: Impaired Capacity, Capacity of Adult, Powers of Tribunal and Powers of Guardians.
Guardianship and Administration: For Adults with Impaired Decision-Making Capacity
This brochure gives a general overview of the legislative changes introduced by the Powers of Attorney Act 1998 (Qld) and the Guardianship and Administration Act 2000 (Qld). It describes the role and purpose of the Guardianship and Administration Tribunal of Queensland and the processes involved in making an application to the Tribunal.
Registry of the Guardianship and Administration Tribunal of Queensland
Your Role and Responsibilities as a Private Administrator
This booklet describes the:
1. Role of the Guardianship and Administration Tribunal
2. Role of the Administrator
3. Powers, responsibilities, duties and rights of an Administrator and
4. Removal, withdrawal and review of an appointment
Application for Administration/Guardianship: Appointment or Review
This Application Form should be filled out if you wish to apply to the Guardianship and Administration Tribunal to appoint a Guardian or Administrator for a person with impaired competence or capacity.
The appointment is made under the Guardianship and Administration Act 2000 (Qld).
You can also use this Application Form if you want the Guardianship and Administration Tribunal to review existing Guardianship or Administration arrangements.
Instructions for Completing the 'Application for the Appointment of a Guardian and/or Administrator'
This is a four page guide that helps people to fill in the above Application for Administration Guardianship: Appointment or Review.
Guide to Developing a Management Plan for Appointed Administrators
Once an Administrator is appointed they need to submit a Management Plan to the Guardianship and Administration Tribunal. The Management Plan contains details of what the Administrator has done since their appointment.
Appointed Administrators can use this resource as a useful guide for developing a Management Plan.
Guide to Developing a Management Plan for Proposed Administrators
A person interested in becoming an Administrator must submit a Management Plan to the Guardianship and Administration Tribunal. A Management Plan helps the Tribunal work out an applicant's suitability and competence as an Administrator.
Proposed Administrators can use this resource as a useful guide for developing a Management Plan.
Administrators need to maintain detailed accounts of their Administration under section 49 of the Guardianship and Administration Act 2000 (Qld). This resource assists Administrators acting on behalf of a person with impaired competence or capacity to maintain up-to-date financial records and accounts.
Recording of Receipts and Payments
This guide assists Administrators in maintaining detailed financial accounts on behalf of a person with impaired competence or capacity.
Queensland Law Reform Commission
Confidentiality in the Guardianship System: Public Justice, Private Lives Discussion Paper
This discussion paper deals with stage one of the Queensland Law Reform Commission's Review of the confidentiality provisions in the Guardianship and Administration Act 2000 (Qld) and the Powers of Attorney Act 1998 (Qld).
For a general introduction to the Guardianship and Administration system in Queensland and the nature of privacy and confidentiality within that system read chapters 2 and 3.
Public Justice Private Lives: A Companion Paper
This Companion Paper provides a brief outline of the Queensland Law Reform Commission's stage one Review of the confidentiality provisions in the Guardianship and Administration Act 2000 (Qld) and the Powers of Attorney Act 1998 (Qld).
Confidentiality: Key Questions for People who may need help with Decision-Making
If you need help making decisions and would like to participate in this Review fill in this Answer Sheet and send it by post or fax to the Queensland Law Reform Commission.
Key Questions for Families, Friends and Advocates
The Guardianship ReviewIf you are a family member, friend or advocate of a person with impaired competence or capacity and would like to participate in this Review fill in this Answer Sheet and send it by post or fax to the Queensland Law Reform Commission.
Factsheet 2 briefly describes the QLRC Review of the confidentiality provisions in the Guardianship and Administration Act 2000 (Qld) and the Powers of Attorney Act 1998 (Qld).
Factsheet 3 outlines the consultation processes that the Queensland Law Reform Commission follow in its Review of the confidentiality provisions in the Guardianship and Administration Act 2000 (Qld) and the Powers of Attorney Act 1998 (Qld).
Factsheet 4 outlines the three ways confidential information is disclosed under the Guardianship regime in Queensland.
Factsheet 5 outlines the 11 general principles that Guardians and Administrators must follow when making decisions for adults with impaired competence or capacity.
Respecting Confidentiality in Consultation: A Guide
Factsheet 6 describes how families, friends, and advocates of people with impaired competence or capacity can share their experiences with the Guardianship regime in Queensland without disclosing confidential information.
Confidentiality in Consultation Protocol
Factsheet 7 is the protocol that all people participating in the Review should follow to avoid breaching the confidentiality provisions of the Guardianship and Administration Act 2000 (Qld) and the Powers of Attorney Act 1998 (Qld).
Reference Group: Terms of Reference
Factsheet 8 looks at the role and membership of the Reference Group established for the purposes of the Review.
If you would like to speak to a lawyer about Guardianship and Administration please click here