General administrator information
What is impaired decision making capacity?
Impaired decision making capacity is the inability to go through the process of reaching a decision and putting it into effect. There are three elements to making a decision including
- understanding the nature and effect of the decision
- freely and voluntarily making a decision, and
- communicating the decision in some way.
If an adult is unable to carry out any part of this process for decision making, the adult is said to have impaired decision making capacity. Impaired decision making capacity is not ignorance, eccentricity, different ethical views, cultural diversity, poor communication, poor judgement or poor decision making.
It is important to note that all adults who are the subject of an application before QCAT are presumed to have capacity until QCAT determines otherwise.
What is capacity for a matter?
The Guardianship and Administration Act 2000 refers to capacity for a "matter". This means an adult may have capacity for decision making in some areas but not in others. For example, an adult may have capacity to make decisions of a personal nature such as health care but not have capacity to manage some or all of their financial affairs. In this example, QCAT would take the least restrictive option and appoint an administrator to make financial decisions only.
What happens if the appointment is urgent?
QCAT has the power to grant interim orders as an emergency measure when immediate action is required to protect adults with impaired decision making capacity from situations of harm or risk. This is a temporary measure for the protection of the adult from abuse, neglect or exploitation.
QCAT can make an interim order without a hearing and then conduct the final hearing at a later date. Interim orders can be made for up to three months. Interim orders are only made in exceptional circumstances.
Can a complaint be made about an administrator?
If a person suspects that an administrator is acting contrary to the general principles they can contact the Office of the Adult Guardian and lodge a complaint.
The Adult Guardian has the power to investigate complaints about the actions of an administrator. QCAT can suspend for a three month period the operation of the powers of an administrator to allow an application to come before QCAT.
If an administrator is suspended the Public Trustee of Queensland is automatically appointed temporary administrator for the period of the suspension.
Can QCAT review an appointed administrator?
There are four different reviews QCAT can conduct in relation to an appointed administrator. A hearing is held which gives interested parties an opportunity to put forward their views in writing about the actions of an administrator or any new or relevant information about the adult's circumstances that may affect the appointment.
Anyone with an interest in the matter can request a review - a guardian, administrator, family member, the Adult Guardian, the Public Trustee of Queensland or the adult concerned.
Can I apply for a stay of a decision that someone is making for an adult with impaired decision making capacity?
An application for a stay of a decision which temporarily stops the decision being made until the final hearing can be held, can be made . A stay can only be applied for if an application about a decision for the adult has already be accepted by QCAT but the hearing has not yet been held, and a situation arises where the person is called to make a decision for the adult that may be beyond his or her capacity to make, or where there is a dispute about the decision.
Apply for a stay of the decision
Where can I find advice about becoming an administrator?
The Public Trustee of Queensland has developed a number of useful fact sheets to assist administrators in their role. These are available from The Public Trustee of Queensland offices or website.
What happens if there is a disagreement between between an adult's administrators and other people involved in making decisions for them?
If the adult has a guardian appointed or a statutory health attorney, the administrator should consult that person about major financial decisions which are likely to affect the lifestyle or health of the adult. All parties should work closely together to make sure the best interests of the adult are protected.
Disputes or disagreements between guardians, administrators or attorneys can be referred to the Office of the Adult Guardian and settled through mediation.
If mediation fails to resolve a disagreement about a health matter, the Adult Guardian has the authority to make the decision but must advise QCAT of the details of the decision made.
Do professional administrators or trustees charge fees to manage finances?
There are fees and charges associated with the management services provided by professional administrators. For information about fees and charges, you should obtain an estimate of fees from a professional administrator, the Public Trustee of Queensland or a trustee company.
Do professional administrators and private trustee companies have similar responsibilities and duties?
All administrators appointed by QCAT have similar responsibilities and duties.