Abuse of adults with impaired capacity

Financial abuse

Most complaints to the Adult Guardian are about financial abuse by attorneys acting under an enduring power of attorney. If we believe that the attorney is not acting correctly, we can suspend the attorney for financial or personal matters for up to three months. We can also apply to Queensland Civil and Administrative Tribunal (QCAT) on the adult's behalf for the appointment of an administrator for financial matters.

Personal abuse

We can also investigate allegations of inappropriate personal decision making by attorneys, such as denying contact with other family members. We can apply to QCAT to appoint a guardian a guardian for personal matters and health care.

Physical and sexual abuse

Complaints about an adult with impaired capacity being physically or sexually assaulted should be made directly to police as soon as possible. We may accept referrals if the adult is at risk of abuse or exploitation while police investigate.

This investigation would not duplicate the police investigation. It would not seek to identify whether a crime had been committed or prove who was responsible.

Our investigation would be to decide what protection measures might be needed and consider matters such as whether:

• a guardianship order is appropriate
• a domestic violence order or other action is needed to prevent the abuse.
• we need to apply for a warrant to remove the adult from their place of residence

Abuse where there is no attorney

Normally, anyone with an interest can apply to QCAT for appointment of an administrator or guardian where there is evidence of:

• inappropriate decision-making
• abuse
• neglect
• exploitation of an adult who does not have an attorney.

We can still investigate if there is insufficient evidence of abuse, but strong grounds for concern that an attorney is making inappropriate decisions.