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Guardian duties

The Guardianship and Administration Act 2000 sets out a number of duties for guardians. They include the duty to:

  • act honestly and with reasonable diligence
  • act according to the decisions made by QCAT as outlined in the written order.

Guardians also have the responsibility to abide by the general principles and apply the health care principle.
 
If there are two or more guardians they have a duty to:

  • act jointly unless QCAT orders otherwise
  • consult with the other guardians and any administrators regularly to ensure that the adult’s interests are not prejudiced by a breakdown of communication.

Length of appointment

QCAT may appoint a guardian for a period up to five years.

Appointments are reviewed before the end of the period or earlier if QCAT considers it necessary. QCAT can also review an appointment if someone has applied for a review, because of the actions of a guardian or any new or relevant information about the adult's circumstances that may affect the appointment.

A guardian for restrictive practices can only be appointed for a maximum of two years.

Guardianship Information Service

If you have been appointed as a guardian, you can find out more from the Guardianship Information Service (GIS). The GIS is a free service which can help 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.

Last reviewed
1 July 2014
Last updated
7 October 2015

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