Application for miscellaneous matters - Guardianship and Administration Act 2000 (Form 12)

Under section 115 of the Guardianship and Administration Act 2000 (Qld), the adult or another interested person may apply to QCAT for a declaration, order, direction, recommendation or advice about something in, or related to, that Act or the Powers of Attorney Act 1998. Form 12 (version 3) is QCAT's form for the less common guardianship orders that do not have their own form. It covers recognising an order made under another law, leave to withdraw as an administrator or guardian (GAA s 27), leave to resign as an attorney while the principal has impaired capacity (Powers of Attorney Act s 82), orders about an enduring document such as declaring it invalid or removing an attorney (Powers of Attorney Act ss 113, 116, which QCAT can exercise under s 109A), being joined as an active party, authorising a conflict transaction (GAA s 37), ratifying an informal decision-maker's decision (GAA s 154) and advice, directions or recommendations (GAA s 138).

When you need it

• You think an enduring power of attorney or advance health directive is invalid, or want an attorney removed or replaced, or the document changed or revoked.
• You are an attorney and want to resign while the principal lacks capacity, or a guardian or administrator who wants the tribunal's leave to withdraw.
• You are an administrator who wants authorisation for a conflict transaction, for example buying the adult's car, or an informal decision-maker seeking ratification of a decision (not available for special personal, health or special health matters).
• Not for confidentiality, non-publication, adult evidence or closure orders. Use Form 12A for those limitation orders.

1. 1

   Part A: choose the order

   Tick the order you are applying for and say whether a previous application about the adult has been made, with the QCAT client number if known.

2. 2

   Parts B and C: the adult and what you want

   Give the adult's details, whether you have told them, and a description of the alleged impaired capacity with a health provider's report. For advice or directions, joinder, a conflict transaction or ratification, set out in Part C the orders you want and your reasons.

3. 3

   Parts D to J: urgency, decision-makers and supporters

   Say whether the matter is urgent, give details and attitudes of any administrator, guardian and attorney (attaching the enduring power of attorney), list relatives, friends and service providers, and the adult's needs at the hearing.

4. 4

   Parts K to N: the specific order

   Complete only the part for your order: recognition of an interstate or foreign order (attach the original or a certified copy), orders about an enduring document (attach all known current and former documents and tick the orders sought), leave to withdraw, or leave to resign as attorney (attach the enduring power of attorney and a statement of the adult's financial position).

5. 5

   Part O: applicant, checklist and signature

   Give your details and relationship to the adult, complete the checklist, then sign and date.

• No fee is payable for an application under the Guardianship and Administration Act 2000 (s 114B).
• QCAT's lodging page says guardianship 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 address printed on the form is older, so use the website details.
• 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).
• Attach every document the instructions require for your order, or the application may be delayed.

• An attorney cannot simply stop acting while the principal lacks capacity. The resignation needs leave, which this form seeks (Powers of Attorney Act ss 55, 82).
• A guardian's or administrator's appointment only ends when the tribunal gives leave to withdraw (GAA s 27).
• Recognition of an interstate or foreign order depends on the order being made under legislation listed in schedule 1 of the Guardianship and Administration Regulation 2012, according to QCAT's instructions. Ask the registry if unsure.
• Do not publish information likely to identify the adult (GAA s 114A).