Removing an appointed administrator
Automatically revoking an administrator’s appointment
An appointment of an administrator will end if:
- the administrator becomes a paid carer or health provider for the adult (this does not include receipt of a carers pension)
- the administrator becomes a service provider for a residential service where the adult is a resident
- the administrator was married to the adult when the appointment was made and the marriage is dissolved
- the administrator and the adult were in a registered relationship when the appointment was made and the registered relationship is terminated
- the administrator dies (and there are no other appointed administrators)
- the adult dies
- a coroner, the court or Births, Deaths and Marriages has declared the missing person has died
- the administrator becomes bankrupt or insolvent
- QCAT becomes aware of an enduring power of attorney appointing someone to manage the adult’s financial affairs which was made prior to the appointment of the administrator.
Removal of an administrator
Administrators can be removed when:
- they have not acted in the best interests of the adult
- they have not acted in terms of QCAT’s decision
- they have neglected their duties or abused their decision-making authority, either generally or for a specific matter
- they have otherwise contravened the Guardianship and Administration Act 2000
- the need for an administrator no longer exists
- they are no longer competent to act as a decision-maker
- another person is more appropriate to be the adult’s administrator
- they no longer wish to act.
Withdrawal of an administrator
If an administrator wishes to withdraw from their role, an application must be made to QCAT. The tribunal must then give the administrator permission to withdraw. The administrator’s appointment and responsibilities will end only when permission to withdraw is given.
Descriptions of QCAT's jurisdiction on this website are general information only. They do not definitively describe the types of applications on which QCAT can make decisions. The relevant legislation determines QCAT's jurisdiction. If you are unsure about your legal rights, you should seek legal advice. Your individual circumstances should guide any actions taken to resolve your dispute.