Guardianship and Administration Application (Applicant)

Is there a fee to apply to QCAT for guardianship or administration?: No. A fee is not payable for making an application or filing another document under the Act, although an appeal to the appeal tribunal does attract a fee (Guardianship and Administration Act 2000 (Qld) s 114B).

How long does an interim guardianship or administration order last?: The period stated in the order, up to a maximum of 3 months. QCAT can make one without a hearing where the adult has or may have impaired capacity and there is an immediate risk of harm, including from abuse, exploitation, neglect or self-neglect, and it can be renewed only in exceptional circumstances (Guardianship and Administration Act 2000 (Qld) s 129).

Jurisdiction: Queensland Civil and Administrative Tribunal, which hears applications about adults with impaired capacity under the Guardianship and Administration Act 2000 (Qld) and has the same jurisdiction as the Supreme Court about enduring documents under the Powers of Attorney Act 1998 (Qld) (s 109A).

The Process at a Glance: Take instructions from the applicant on the adult, the decisions that need to be made and the people in the adult's life, and check for any enduring power of attorney or advance health directive. Decide whether an appointment is really needed or whether a declaration about capacity, ratification of an informal decision or an order about an enduring document would do. Obtain a current health professional report on the adult's capacity, confirm the proposed guardian or administrator and their appropriateness advice, and prepare a financial management plan for a proposed administrator. File the application, seeking an interim order if there is an immediate risk. QCAT gives the adult and the family notice of the hearing, the applicant attends, and the tribunal decides. The appointee then meets the order's obligations, including advising the registrar of titles if land is involved, and the appointment is reviewed at least every 5 years.

Key Legislation: Guardianship and Administration Act 2000 (Qld) - s 11 (presumption of capacity), s 11B (general principles), s 12 (appointment), s 14 (eligible appointees), s 15 (appropriateness considerations), s 16 (proposed appointee's advice), s 20 (financial management plan), s 21 (advice to the registrar of titles), s 22 (attorney's power subject to tribunal authorisation), ss 28-31 (review), ss 33-37 and 49-50 (powers and duties), ss 114B-127 (applications, notice, active parties and representation), s 129 (interim order), s 146 (declaration about capacity), s 154 (ratification of an informal decision), ss 156-157 and 163 (decision and appeal), schedule 4 (capacity and interested person defined). Powers of Attorney Act 1998 (Qld) - s 63 (statutory health attorney), s 109A (tribunal jurisdiction over enduring documents), ss 113-118 (validity, removal of attorneys and directions). Queensland Civil and Administrative Tribunal Act 2009 (Qld) - s 43 (representation), ss 142-143 (appeals).

* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Guardianship and Administration Application (Applicant) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.

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