Appropriateness of a guardian
Before appointing a guardian, QCAT considers the person’s appropriateness and competency.
QCAT requires that the person chosen for appointment as a guardian be someone who:
- is over 18 years of age
- respects the decision making principles specified in the Guardianship and Administration Act 2000 which state that 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 that are 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 a guardian
- is willing to act in accordance with the duties of a guardian.
- is willing to apply the general principles
- is willing to apply the health care principles for a health matter.
When considering an application the following factors may weigh against the proposed guardian, if they:
- have any criminal history
- have ever been a paid carer
- have previously been refused or removed from appointment as a guardian, attorney or other person making a decision for someone else.
A paid carer or health provider for the adult cannot be appointed as their guardian. A paid carer, for an adult means someone who performs services for the adult’s care and receives remuneration from any source for the service other than a carer payment or benefit from the Commonwealth or State Government for providing home care for the adult.
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.