Appropriateness of an administrator
Before appointing an administrator, QCAT considers their appropriateness and competency to act as an administrator for the adult.
QCAT requires that the person chosen for appointment as an administrator be someone who:
- is more than 18 years of age
- respects the decision making principles specified in the Guardianship and Administration Act 2000 that state the adult must be given every opportunity to make decisions to the full extent of their capacity
- has interests that are unlikely to conflict with those of the adult
- has an outlook, cultural background and method of communication compatible with those of the adult
- is similarly compatible with anyone else appointed on the adult's behalf
- is available to act on behalf of the adult and is accessible to the adult
- has the competence to carry out the functions and exercise the powers of an administrator
- is willing to act in accordance with the duties of an administrator as set out in the Act
- has given a financial management plan to QCAT for approval.
When considering an application the following factors may weigh against the proposed administrator, if they:
- have any criminal history
- have previously been refused or removed from appointment as a guardian, administrator, attorney or other person making a decision for someone else
- are bankrupt or taking advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 or similar law of a foreign jurisdiction
- have ever been bankrupt or taken advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 or a similar law of a foreign jurisdiction
- are proposing to make, or have ever made an arrangement with his or her creditors under the Bankruptcy Act 1966 or a similar law of a foreign jurisdiction
- are or were a director, secretary or partner, or were involved in the management, direction or control of a corporation, partnership or other entity that is proposing to be, is or has been, under external administration.