1. Before you apply

QCAT has jurisdiction to make a declaration about capacity under the Guardianship and Administration Act 2000.

The purpose of this form is to ask QCAT to declare that a particular person has the capacity to make decisions in relation to a matter or that the person does not have capacity to make certain decisions. The person whose capacity you are seeking to establish may be an attorney, guardian, administrator, or another person (‘the Adult’).

You can make this application if you are:

  • the Adult concerned, or
  • a person with a sufficient genuine concern for the rights and interests of the Adult.

Work through the form, answering each question as it comes by ticking the appropriate box or writing on the lines provided. Some of the questions have space for names, addresses, short explanations and other details.

2. What else do I have to do to make this application

You should:

  • inform the Adult concerned that you have made the application, and explain why you made it (unless you are making the application on your own behalf)
  • provide at least one written report from a health professional which addresses the decision-making capacity of the Adult
  • if for some reason you cannot provide a report, explain why and provide the contact details for the Adult’s treating health professional/s
  • provide the names and contact details of any person who is in a close and continuing relationship with the Adult even if the person might not agree with the application

3. Complete and lodge this form

To apply you must complete and lodge:

Form 11 - Application for a declaration about capacity - Guardianship and Administration Act 2000

The purpose of this form is to ask the tribunal to make a declaration about an Adult’s decision-making capacity for some, or all, matters.

PDF File (669.6 KB)

Health professional report – Guardianship and Administration Act 2000

Form to be completed by medical and related health professionals to provide expert opinion about an Adult’s capacity to make decisions.

PDF File (438.4 KB)

4. How to lodge your application

In person

Queensland Civil and Administrative Tribunal
Floor 11, 259 Queen Street
Brisbane Qld 4000

or at any local Magistrates Court

Mail to

Queensland Civil and Administrative Tribunal
GPO Box 1639
Brisbane Qld 4001

5. What happens next?

Find out what happens after you apply.