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Role of the Adult Guardian

The Adult Guardian has three main roles:

  • making personal decisions for an adult if we are their guardian
  • making health-care decisions for an adult if we are their guardian
  • investigating complaints if somebody with an enduring power of attorney is acting improperly

Normally when an adult loses capacity, someone close to them is appointed as their guardian. This can be a family member, friend or relative and they become the adult’s statutory attorney.

However, in some cases Queensland Civil and Administrative Tribunal (QCAT) will appoint the Adult Guardian as their guardian. These are:

  • if there is evidence that a person with mental incapacity cannot care for themselves and they have no family, relatives or friends who can act as guardian
  • where the adult has been abused, neglected or exploited
  • where there is such serious conflict in the family about the decisions to be made for the adult that QCAT decides that it is best for someone outside the family or supportive network to act as the adult’s guardian.

Making decisions about an adult’s care

The Adult Guardian’s main concern is the adult’s care and protection, even if this means a decision overrides the adult’s wishes. However, before making a decision, we consider the:

  • adult’s views and wishes (expressed now or when the adult was able to make decisions)
  • opinions of family members, friends and others who support the adult are considered when decisions have to be made
  • general principles, health care principle and other principles in the guardianship legislation.

However we cannot:

  • make decisions about financial or property matters - these are made by a private administrator or the The Public Trustee
  • make decisions about special health matters such as sterilisation or termination of pregnancy - these are made by QCAT.
  • act as an adult’s personal carer, case manager or coordinator
  • make referrals to services, or give legal advice or legal aid
  • intervene where there is already a guardian or an attorney acting for the adult in health matters (except where there is evidence of inappropriate behaviour).

      • Could you be Queensland’s new Adult Guardian?

      Protect the rights of people with impaired decision-making capacity. Read the Expression of Interest (EOI) EOIs close on Monday 7 May.

      Contacts

      Office of Adult Guardian

      Address
      Level 3
      Brisbane Magistrates Court
      363 George Street
      Brisbane QLD 4000

      Postal address
      PO Box 13554
      George Street Brisbane QLD 4003

      Phone
      +61 7 3234 0870 or 1300 653 187 (local call outside Brisbane)

      Fax
      +61 7 3239 6367

      Email
      Office of Adult Guardian

      Last reviewed
      1 February 2010
      Last updated
      16 April 2012

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