Removing an appointed guardian
Automatically revoking a guardian’s appointment
The appointment of a guardian will end if:
- the guardian becomes a paid carer or health provider for the adult
- the guardian was married to the adult when the appointment was made and the marriage is dissolved
- the guardian dies
- the adult dies.
Removal of a guardian
Guardians can be removed when:
- the adult’s needs have not been met according to the decision made by QCAT
- the guardian has neglected their duties or abused their decision making authority, either generally or for a specific matter
- the guardian has otherwise contravened the Guardianship and Administration Act 2000
- the need for a guardian no longer exists
- the guardian is no longer competent to act as a decision maker
- another person is more appropriate to be the adult’s guardian
- they no longer wish to act.
Withdrawal of a guardian
If a guardian wishes to withdraw from his or her role an application must be made to QCAT. The tribunal must then give the guardian permission to withdraw. Only when this permission is given does the appointment and therefore the responsibilities of being an guardian finish.
Apply for a leave to withdraw as guardian.
Any description of QCAT's jurisdiction on this website is general information only and is not intended to precisely define the types of applications that QCAT has the power to decide. QCAT's jurisdiction is determined by the relevant legislation. If you are unsure about your legal rights you should seek legal advice. Any actions taken to resolve your dispute should be determined by your individual circumstances.