For a Guardian and/or Administrator to be appointed, you must be considered to have ‘impaired decision-making capacity.
Decision making has a clear process and to be considered to have decision-making capacity you must be able to understand the nature and effect of the decision, be able to freely and voluntarily make the decision and be able to communicate the decision in some way. If you are unable to carry out any part of this decision-making process, you are said to have impaired decision-making capacity.
A Guardian may be appointed to assist you with making decisions regarding areas of your life, including:
- Service support
- Medical decisions
- Legal decisions
Financial Administrators are appointed to assist you with making decisions regarding areas of your life, including:
- Financial management of your money
- Paying bills
- Buying or selling property
- Managing investments
How can Guardians and Financial Administrators be appointed?
To appoint a Guardian or Financial Administrator an application with supporting medical evidence has to be submitted to the Queensland Civil and Administration Tribunal (QCAT). The supporting evidence must state that an impaired decision making capacity in some or all areas of life exists.
As a result of your application a Tribunal will be held and the Tribunal Member will make a decision for an appointment upon reviewing the application. The Tribunal Member will also ask questions of you, your supporters and any medical persons involved.
Who can request and/or be appointed as a Guardian or a Financial Administrator?
You can request someone who you trust, who has your best interests at heart and you feel comfortable with to help you make decisions.
This person could be a member of your family, a friend or professional.
The Office of the Public Guardian and The Public Trustee are only appointed as Guardians and Financial Administrators if there are no other people in your life who are suitable and/or able to take on the role.
You can request that the Office of the Public Guardian and/or The Public Trustee are appointed if you wish, particularly if family conflict exists.
To find out more about Guardianship and Administration contact your nearest TASC location.