Guardianship for adults
A guardian is a person appointed by QCAT to help adults with impaired decision-making capacity by making certain personal and health care decisions on their behalf. This makes sure that the adult’s needs are met and their interests are protected.
Generally, guardians can be given the authority to make decisions on behalf of the adult such as:
- where they live
- what support services they receive
- with whom they have contact or visits
- general health care matters
- the approval of containment and seclusion in certain limited circumstances
- the approval of chemical, physical or mechanical restraint
- restricting access to objects
- other day-to-day issues.
Guardians are not permitted to make decisions about:
- financial or property matters unless they have also been appointed as the adult's administrator or as attorney for financial matters under an enduring power of attorney
- special health care matters including sterilisation or tissue donation
- special personal matters including making or revoking a will or consenting to marriage or relinquishing a child for adoption.
If an adult can communicate their views and wishes, guardians should take these into account when making any decisions.
Guardianship Information Service
If you have been appointed as a guardian, you can find out more from the Office of the Public Guardian's Guardianship Information Service (GIS). The GIS is a free service which can help you understand more about the guardianship process and requirements.
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.