1. Consider whether there is a need for the appointment of a guardian and/or administrator?
To appoint a guardian and / or an administrator, you must demonstrate to QCAT that there is a specific need for the appointment and that the existing arrangements for decision-making are inadequate.
Some decisions can be made for an Adult who has impaired decision-making capacity without the need for QCAT to appoint a guardian and/or an administrator to make the decision. The Tribunal will not appoint a guardian and/or administrator if the decisions that need to be made for the Adult can be appropriately made without a formal appointment of a guardian and/or administrator.
Find out about what decisions can be made without making an application to QCAT
2. Talk to the Adult (the person the application is about)
The QCAT registry will send a copy of the application to the person the application is about. The law calls this person ‘the Adult’. Only in very limited circumstances may the Tribunal decide not to do this.
This is because, when the Tribunal member decides the application, the member must (to the extent they can) take into account the Adult’s views, wishes and preferences.
This is why it is so important the Adult is aware of the application and has an opportunity to express their views about it.
3. Check whether the adult has given anyone power under an enduring document such as an enduring power of attorney or advance health directive.
4. Consider who you want to propose for appointment as guardian and/or administrator
If you propose someone other than yourself as guardian or administrator, talk to them before you make the application.
You must make sure they are willing and able to take on the responsibilities of the role and come to the hearing. For more information about the roles and responsibilities, see guardians (add link) and administrators (add link).
The Tribunal will decide who is most appropriate to be appointed as a guardian and/or administrator.
5. Complete and lodge these forms:
To apply for the appointment of a guardian and/or administrator you must complete and lodge:
Form 10 - Application for administration/guardianship appointment or review - Guardianship and Administration Act 2000
The purpose of this form is to ask the tribunal to appoint a guardian, and/or administrator, and/or ask for approval for containment / seclusion / other restrictive practices, and/or ask for a review of the appointment of a guardian and/or administrator.
Health professional report – Guardianship and Administration Act 2000
Form to be completed by medical and related health professionals to provide expert opinion about an Adult’s capacity to make decisions.
Financial management plan for administrators
6. How to lodge your application
| enquiries@qcat.qld.gov.au | |
| In person | Queensland Civil and Administrative Tribunal or at any local Magistrates Court |
| Mail to | Queensland Civil and Administrative Tribunal |
7. What happens next?
Find out what happens after you apply.