QCAT decisions about adults
The Guardianship and Administration Act 2000 presumes that every person can make his or her own decisions. Before QCAT can appoint an administrator there must be sufficient evidence that:
- the adult has impaired decision making capacity
- there is a need for a decision, and
- without a decision maker the adult’s needs will not be adequately met and their interests protected.
Appointments can only be made for adults over the age of 18 years. However advance appointments for children aged 17 and a half or older, which take effect when they turn 18 years of age, can also be made.
QCAT can decide a range of matters including:
- making a declaration of an adult’s decision making capacity for some or all matters
- that the informal arrangements in place are adequate to protect the adult
- appointing an administrator to make some or all financial decisions
- making a temporary decision to deal with an urgent situation
- making a declaration about the execution and appointment of an enduring power of attorney.
- make appointments for adults who have decision making capacity
- act as the adult’s decision maker
- suspend the power of an attorney acting under a power of attorney
- investigate allegations of neglect, exploitation or abuse against the adult by his or her guardian, attorney, administrator or others acting under informal decision making arrangements. These complaints can be referred to the Office of the Public Guardian for further investigation.
Descriptions of QCAT's jurisdiction on this website are general information only. They do not definitively describe the types of applications on which QCAT can make decisions. The relevant legislation determines QCAT's jurisdiction. If you are unsure about your legal rights, you should seek legal advice. Your individual circumstances should guide any actions taken to resolve your dispute.