Application for a declaration about capacity (Form 11)

Under section 146 of the Guardianship and Administration Act 2000 (Qld), QCAT may make a declaration about the capacity of an adult, guardian, administrator or attorney for a matter, on its own initiative or on the application of the individual or another interested person. An application may be made by the adult concerned or another interested person (s 115). The Powers of Attorney Act 1998 also lets the court, and QCAT through section 109A, declare a person's capacity (ss 109A, 111). Under the Queensland Civil and Administrative Tribunal Act 2009, an application must substantially comply with the rules, state its reasons and be filed in the registry (s 33). Form 11 (version 2) is QCAT's form for this application. QCAT's instructions say the purpose is to declare that a person has, or does not have, capacity to make particular decisions, and that a current health professional report must be attached.

When you need it

• You need a formal finding about whether an adult has capacity for a decision, for example where an attorney's power under an enduring power of attorney depends on the principal having impaired capacity.
• You want a declaration about the capacity of a guardian, administrator, attorney or statutory health attorney.
• You are the adult and want QCAT to declare that you have capacity, for example after regaining it.
• A declaration about whether a person had capacity to enter a contract is evidence of that capacity in a later proceeding about the contract's validity (s 147).

1. 1

   Part A: application details

   Tick whose capacity the declaration is about (yourself, the adult, a guardian, administrator, financial attorney, attorney under an advance health directive or for personal matters, or a statutory health attorney), and say whether a previous application about the adult has been made, with the QCAT client number if known.

2. 2

   Part B: the adult

   Give the adult's full details, current and usual address and accommodation type, and whether you have told them about the application. Describe the cause of the impaired capacity, why you are applying, and whether you have a health professional report, which you must attach.

3. 3

   Part B: relatives, friends and service providers

   List every relative and friend in a close and continuing relationship with the adult, and every service provider, even those who may not agree, and tick each person's attitude to the application. Photocopy the pages if you need more.

4. 4

   Part B: the hearing

   Say who will accompany the adult, whether an interpreter or Auslan is needed, any access needs, and how the adult will participate (in person, by phone or otherwise).

5. 5

   Part C: attorneys, administrators and guardians

   Say whether the adult has an enduring power of attorney or advance health directive, or an appointed guardian or administrator. Attach copies of any enduring documents and give each decision-maker's contact details and attitude.

6. 6

   Part D, checklist and signature

   Give your own details and relationship to the adult (unless the application is about yourself), complete the checklist and sign and date the application.

• No fee is payable for an application under the Guardianship and Administration Act 2000 (s 114B). A fee applies only to an appeal.
• QCAT's lodging page says guardianship and administration applications can be lodged in person at QCAT, Level 8, 259 Queen Street, Brisbane, or at any Magistrates Court other than Brisbane; by mail to GPO Box 1639, Brisbane Qld 4001; or by email to enquiriesQCAT@justice.qld.gov.au, signed and scanned. The PDF form prints older address and email details, so use the details on QCAT's website.
• The registry gives the adult a copy of the application and notice of the hearing unless the tribunal decides otherwise. Active parties include the adult, the applicant, any current guardian, administrator or attorney, the Public Guardian and the Public Trustee (s 119).
• The form explains that you are expected to attend the hearing, arrange for the adult to participate or tell the tribunal why they cannot, and tell QCAT if the adult moves, dies or their capacity changes.

• Attach a current QCAT Health Professional Report, or a comprehensive written report by a geriatrician, psychiatrist, psychologist or general practitioner. The form warns the tribunal may reject an application without one.
• The law presumes an adult has capacity until the contrary is proven (Powers of Attorney Act s 111A), so the evidence needs to address the specific decision in question.
• Do not publish information that is likely to identify the adult. Section 114A of the Guardianship and Administration Act makes that an offence.
• Answer carefully. Knowingly giving the registry a document containing false or misleading information is an offence (QCAT Act s 216).