Who can apply for the appointment of a guardian

Family members, close friends, professionals or anyone who has a genuine and continuing interest in the welfare of an adult with impaired decision making capacity can apply for a guardian to be appointed. Adults with impaired decision making capacity can also apply on their own behalf.

Appointees must be over 18 years of age and not a paid carer for the adult. A paid carer performs services for the adult’s care and receives remuneration other than a carer payment or benefit from the Commonwealth or State Government.

Sometimes there is no one close to the adult who is willing to accept the responsibility. There may also be a dispute about who should act as the guardian or concern about the suitability or competence of a proposed guardian. In these situations, QCAT may appoint the Public Guardian to act on the adult's behalf.

QCAT can appoint guardians on the following bases.

  • A single guardian to make decisions on all or on a specified personal or health care matter only, such as where the adult is to live and with whom.
  • More than one guardian, giving each guardian specific decision making authority. Each guardian then has the authority to make decisions on different personal matters.
  • Two or more guardians to make decisions together or to make decisions separately on behalf of the adult.