As the appointed administrator you have a responsibility to lodge certain documents with QCAT. The QCAT decision will outline what you need to lodge. This may include:
- notice of interest in land
- financial management plan
- account of administration.
Notice of interest in land
If the adult owns real estate, the administrator must lodge a notice of interest in land, usually within three (3) months of the appointment by registering QCAT’s decision with the Titles Registry.
This process protects:
- the adult’s interest in the property by ensuring that only the appointed administrator can conduct transactions such as the sale of the property or registering of any mortgages
- the adult from being coerced by third parties or if the adult themselves decides to act on the property without the knowledge of the administrator.
This process involves:
- conducting a search of the records of the Titles Registry to identify any property registered in the adult’s name
- lodging with the Registrar of Titles a notice on their prescribed form with a copy of QCAT’s decision advising the Registrar that any interest in property held by the adult is subject to this decision
- providing QCAT with a copy of the Lodgement Summary Report from the Titles Registry confirming the notice has been lodged for each property the adult holds
- providing QCAT with a copy of the current title search.
This process will need to be repeated each time QCAT issues a new decision.
If the adult purchases a property subsequent to your appointment as administrator, this process will also have to be followed.
If you are not sure about any steps in the procedure, you can contact QCAT, the Titles Registry or seek legal advice.
Financial management plan
You may have provided QCAT with a financial management plan when you applied to become the adult’s administrator. However, there can be times when administrators may not have full access to, or be aware of, the adult’s entire circumstances when an application is made. Also there may be important matters yet to be finalised. In these situations QCAT may require another plan and this will be specifically requested in the QCAT decision.
You can submit the plan using the A financial management plan for appointed administrators - Guardianship and Administration Act 2000 form . Individuals, trustee companies and professionals can elect to provide QCAT with a separate plan as an attachment to this form.
The plan should contain personal and financial information about the adult as well as proposed care arrangements. The plan should then outline how the adult’s finances can be best managed, taking into account these considerations.
It should include:
- details of income and sources of income
- details of the assets and where they are situated
- debts and when they are due
- bank account details
- any professionals needed to help manage the financial affairs eg, an accountant or solicitor
- a budget eg, board and lodging, clothing, money for the adult’s personal needs, pharmaceutical needs, optical expenses, medical expenses, hospital fees, nursing home fees, dental expenses
- what will happen to the adult’s house
- all income and expenditure records
- investments you need to make and investments you need to track
- any proposed gifts eg, birthday and Christmas presents
- money to be spent for maintenance of the adult’s family
- legal matters relating to the adult’s financial or property matters and how you propose to address these
- any additional information relevant to the adult’s financial and legal affairs.
You can also include any other relevant details of the person’s financial matters, life circumstances and future considerations.
QCAT may request additional information if required.
If you are not sure about any steps in the procedure or how to answer any of the questions, please contact QCAT or seek advice from a professional such as an accountant, solicitor or financial planner.
Account of administration
An account of your administration (ABA) is usually due every year; two months before the anniversary date of your appointment or as specifically stated in QCAT’s decision.
The ABA provides QCAT with a summary of how you have administered the adult’s financial affairs during the reporting period as well as an updated list of assets and liabilities. The opening date of the account is either the date you became the administrator or, if you have provided accounts previously, the closing date from your last set of accounts.
The ABA should summarise all receipts and payments made through the adult’s bank accounts as well as payments made on their behalf.
Please note that there are also various documents that you are required to lodge with the ABA form eg, copies of bank statements. For a full list of the documents required, please refer to section 23 of the Account by Administrator form .
If an exemption has been approved, you will be advised of the full list of documents required to be lodged either in the QCAT decision, or by separate letter.
It is up to you to lodge your accounts by the due date. You will not be sent a reminder.
The Account by Administrator form is to be completed unless an exemption has been granted.
Where the accounts are to be lodged depends on the adult’s assets.
Assets more than $50,000
If the value of the adult’s assets, excluding principal place of residence or nursing home accommodation deposit, is more than $50,000, the accounts must be sent to one of the approved panel of examiners.
The current list of approved panel of examiners is:
Perpetual Trustee Company Ltd
Assistance Examination Manager
GPO Box 5257
Brisbane Qld 4001
Phone: 07 3834 5656
Fax: 07 3834 5662
Assets under $50,000
If the value of the adult’s assets, excluding principal place of residence or nursing home accommodation bond, is under $50,000, the accounts must be sent directly to QCAT.
If a partial exemption has been approved, in all cases the accounts must be sent directly to QCAT.
The approved panel of examiners is entitled to charge a fee for this service. Fees vary, and you should contact the examiners directly for further details regarding their fees. QCAT does not regulate the fees charged.
While QCAT does not charge a fee for its services, it reserves the right to outsource matters valued under or equal to $50,000 to one of the approved panel of examiners if necessary. The examiner is entitled to charge a fee for this service.
You will be issued with a tax invoice on behalf of the adult, and you are authorised and required to pay the tax invoice within 30 days of receipt from the adult’s funds. Failure to pay the invoice may result in QCAT reviewing your appointment.
If you are not sure about any steps in the procedure or how to answer any of the questions, contact QCAT or seek assistance from another party or professional such as an accountant. Given that the cost is reasonable for this service, you are entitled to be reimbursed from the adult for the costs involved.