All adults have the same human rights – we are entitled to be treated equally, and to have our worth and dignity recognised, regardless of our state of health or mind.
Our guardianship system plays an important role in human rights protection in Queensland. Guardianship gives someone the legal authority to make decisions for another person who does not have the capacity to do so.
The Guardianship and Administration Act 2000 safeguards the human rights of adults with impaired decision-making capacity by setting out principles to be followed when other people make decisions on their behalf.
These principles are explained in detail on the Queensland Civil and Administrative Tribunal (QCAT) site. All substituted decisions for a person must uphold and protect their rights and interests.
People with impaired capacity have the right to:
- the greatest possible degree of autonomy in decision-making and
- the right to adequate and appropriate support for decision-making.
The Act also sets out the functions of the Office of the Adult Guardian and its powers.
The Office of the Adult Guardian is an independent body, working to protect the rights and interests of adults who have an impaired capacity to make their own decisions.
People with impaired capacity are amongst the most vulnerable members of our society. The Adult Guardian safeguards their welfare by investigating allegations of neglect, exploitation and abuse.
A person being harmed may not be able to report it, or be in a position to report it. If you think someone is being abused, report it immediately.
We have been given special powers under the Guardianship and Administration Act 2000 to be able to protect adults with impaired capacity.
Information on how the Adult Guardian reaches decisions.
The Office of the Adult Guardian, in conjunction with the Community Visitor Program, the Public Trustee, and the Office of the Public Advocate hold free guardianship information days throughout Queensland.
If you have been appointed to make decisions on behalf of an adult with impaired decision-making capacity, the Guardianship Information Service can provide you with information about issues and legislative requirements.