Investigative powers of the Adult Guardian

One of the main tasks of the Adult Guardian is to investigate allegations of neglect and exploitation or abuse of adults with impaired decision-making capacity. We can also investigate concerns about inappropriate or inadequate decision-making arrangements.

However, if you have information that abuse, neglect or exploitation is occurring, you can apply to the Queensland Civil and Administrative Tribunal (QCAT) for an urgent order to protect the adult.

If you don’t have enough information, we can use the legal powers below to decide if the allegations can be proved. These include the authority to:

• require someone to produce records and accounts in the case of financial abuse allegations
• get access to any relevant information, including medical files
• issue a summons ordering a person to provide information if a person has been uncooperative
• suspend an enduring power of attorney for up to three months if an attorney has been incompetent. During this time we will act as personal attorney and the Public Trustee will act as financial attorney for the adult.

We may also apply to QCAT for a warrant to enter a care facility and remove an adult where we suspect there is an immediate risk of harm because of neglect, self-neglect, exploitation or abuse.

If there is no evidence of incapacity

We cannot investigate a specific issue if there is no evidence that an adult has impaired capacity. If you claim that an adult lacks the ability to make decisions on a particular issue, you must provide information about the impaired capacity, or details of a health professional that can provide this information.