Decision-making for Adults with impaired capacity

QCAT decides applications about Adults who may have impaired decision-making capacity.

Decision-making for adults with impaired capacity

Before you make an application

Find out whether you need to make an application and if you are in the right place.

Make an application

Find out about the different applications you can make to QCAT.

After an application is made

Understand the QCAT process and find out what happens after an application is lodged.

Respond to an application

Find out what to do when you are notified by QCAT about an application lodged by someone else, in the Guardianship jurisdiction.

Accessing documents

Find out who can access documents and how to arrange an inspection.

Hearings

Find out when the hearing will be held and when you will be notified of the date. Watch a QCAT video about what happens "At the hearing".

Guardians - Personal decisions

A guardian makes personal decisions for an Adult who has impaired capacity for making those decisions. Find out more about a guardian’s role and responsibilities.

Administrators - Financial decisions

An administrator makes financial decisions for an Adult who has impaired capacity for making those decisions. Find out more about an administrator’s role and responsibilities.

Enduring power of attorney

Find out where to make a complaint if you have concerns about the actions of an Enduring Power of Attorney. Find out what orders QCAT can make about an enduring document.

Restrictive practices

Find out what orders QCAT can make about restrictive practices, including the appointment of a guardian for restrictive practices, and QCAT approval for the use of containment and/or seclusion.

Clinical research

QCAT may approve clinical research, which seeks to include persons with impaired decision making capacity.

Special health care

Some medical procedures and health care require consent from the Supreme Court or QCAT.

Capacity for decision-making

Learn about what capacity for decision-making means and where to find guidelines for assessing decision-making capacity.

Watch videos to find out more

What to expect at a hearing and what is the difference between a guardian and an administrator?

Confidentiality and limitation orders

Help and FAQs

As part of an independent tribunal, QCAT registry staff cannot provide legal advice.

QCAT registry staff are not involved in the decision-making of the Tribunal.  If you want the Tribunal  to make a decision about something, you must ask the Tribunal to do so by completing and lodging the appropriate application form.

Registry staff can explain and answer questions about how QCAT works and its processes.

Registry staff cannot help with:

  • whether or not you should submit an application
  • whether your application is under the correct jurisdiction
  • if you should lodge an appeal or a counter-application
  • recommending a specific lawyer to assist you
  • how to word your application, supporting documents or what to say at a proceeding
  • contacting a QCAT member or adjudicator directly
  • predicting likely outcomes of a case or appeal
  • helping you to prepare your case
  • advising what orders/decisions you should seek
  • explaining what you should do to follow QCAT directions
  • enforcing an order or decision of the tribunal
  • advising exact timeframes for resolution of a matter – this depends on your individual matter.

For legal advice:

* Contact the private solicitor of your choice.

* Use Queensland Law Society’s Find a Solicitor service.

* Contact Legal Aid Queensland on 1300 65 11 88.

* Contact Community Legal Centres Queensland for details of your local community legal centre on 07 3392 0092.

*  LawRight partners with the private legal profession to deliver pro bono (free) legal services to individuals and community groups. LawRight’s services are means tested.

For advocacy support for the Adult:

Queensland Advocacy Incorporated is an independent, community-based system and legal advocacy organisation for people with disability in Queensland

1300 130 582

ADA Law, a division of Aged and Disability Advocacy Australia, provides legal advice, representation, and non-legal advocacy and information, to adults whose decision-making capacity is impaired or in question.

1800 232 529 (freecall)

Independent Advocacy Townsville provides assistance and referrals for people with a disability in North Queensland.

1800 887 688 (freecall)

For advocacy support for carers:

Carers Queensland’s Family Support & Advocacy Program provides carers with free support, information, advice and representation in regards to adult guardianship and administration matters.

07 3900 8100

Read more >

There is no fee to make an application for guardianship and administration matters. However a fee is payable if you wish to appeal QCAT's decision.

View QCAT fees and allowances >

Queensland legislation related to administration matters includes:

  • Disability Services Act 2006
  • Disability Services and Other Legislation Amendment Act 2016
  • Guardianship and Administration Act 2000
  • Mental Health Act 2000
  • Powers of Attorney Act 1998
  • Public Guardian Act 2014
  • Public Trustee Act 1978
  • Trust Act 1973
  • Queensland Civil and Administrative Tribunal Act 2009
  • Residential Services (Accreditation) Act 2002
  • Residential Tenancies and Rooming Accommodation Act 2008.

The Acts are available on the Office of the Queensland Parliamentary Counsel website.

Commonwealth legislation related to administration matters includes:

  • Aged Care Act (Commonwealth) 1997
  • Disability Discrimination Act (Commonwealth) 1992
  • National Disability Insurance Scheme Act 2013

These Acts are available on the Federal Register of Legislation.

Decisions about guardianship matters made by:

Last updated:
14 March 2023