Administrator powers and rights
QCAT’s decision will detail the authority of the administrator, including the:
- extent of authority eg the administrator may be appointed to make some or all financial decisions
- number of administrators appointed and the nature of the appointment ie whether the administrators will make decisions together (jointly) or separately (jointly and severally)
- duration of the appointment.
Decisions an administrator cannot make
Administrators are not allowed to make decisions about personal or health care matters unless:
- they have also been appointed as a guardian for the adult; or
- they have been appointed as the adult’s attorney for personal matters under an enduring power of attorney; or
- there is no formalised appointment and they are acting as the adult’s statutory health attorney.
There may be some overlap between these roles and the role of an administrator. Administrators should consult any guardian, power of attorney or statutory health attorney about major financial decisions which are likely to affect the lifestyle or health of the adult.
Access to information
When making decisions on behalf of the adult, administrators have the right to access all information to which the adult would have been entitled.
Administrators are provided with certified copies of the QCAT decision as confirmation of their appointment. This document enables the administrator to access all information from organisations and companies to which the adult would have had access.
Extent of authority
QCAT may appoint you for all financial matters or may specifically detail the matters for which you are appointed.
If appointed for all financial matters, you are responsible for all financial matters that the adult did, or legally could have conducted, on their own if they had capacity.
If QCAT specifies your responsibilities, you must ensure that you do not exceed your powers. If this proves unworkable, you should contact QCAT to discuss a possible review of your appointment to seek appropriate powers.
More than one administration
If more than one administrator is appointed the appointment will be made either on a ’jointly’ or ’jointly and severally’ basis.
If jointly, the administrators are required to make decisions and conduct transactions on a joint basis. All documentation, including bank withdrawals or contracts signed on behalf of the adult must be signed by all administrators.
If jointly and severally, each administrator is entitled to make decisions and conduct transactions solely. Documentation, including bank withdrawals or contracts on behalf of the adult can be signed by any one administrator. That being said, all administrators should consult and involve other administrators regarding their decisions.
Length of appointment
QCAT may appoint an administrator for a period of up to five years. QCAT has the option of appointing the Public Trustee of Queensland or a private trustee company as administrator for an indefinite period.
Appointments are reviewed before the end of the appointment 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 an administrator, or if any new or relevant information is provided about the adult's circumstances that may affect the appointment.