The Guardianship and Administration Act 2000 presumes that everyone can make decisions. See guardianship information for the definition of impaired decision making capacity. Before QCAT can appoint a guardian there must be sufficient evidence that:
- the adult has impaired decision making capacity
- there is a need for a decision, and
- a decision maker is needed to ensure that the adult’s needs are met and their interests are protected.
Appointments can only be made for adults over the age of 18 years. However, advance appointments for children aged 17 and a half or older can also be made, which take effect when they turn 18 years of age.
QCAT can decide a range of matters including:
- making a declaration of an adult’s decision making capacity for some or all matters
- that the informal arrangements in place are adequate to protect the adult
- appointing a guardian to make some or all personal and health care decisions
- making a temporary decisions to deal with an urgent situation
- making a declaration about the execution and appointment of an enduring power of attorney.
QCAT cannot:
- make appointments for adults who have decision making capacity
- act as the adult’s decision maker
- suspend the power of an attorney acting under a power of attorney
- investigate allegations of neglect, exploitation or abuse against the adult by their guardian, attorney, administrator or others acting under informal decision making arrangements. These complaints can be referred to the Office of the Public Guardian for further investigation.
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. |
|---|