The Office of the Public Guardian, the Public Trustee and the Office of the Public Advocate are all independent statutory agencies which work together to protect and promote the rights of Queensland adults with impaired decision-making capacity.
Office of the Public Guardian
The Public Guardian can act as a substitute decision maker of last resort for Queensland adults with impaired decision-making capacity. The Public Guardian can make decisions about accommodation, health care, legal (not related to finance or property) and other personal matters.
The Public Guardian can only act as a guardian for a person when appointed by the Queensland Civil and Administrative Tribunal (QCAT) to do so.
The Public Guardian can also be appointed as a person’s attorney to make decisions on their behalf. A person can appoint the Public Guardian to be their attorney under an enduring power of attorney.
The Public Guardian can also investigate allegations of abuse, neglect and exploitation of adults with impaired decision-making capacity.
For more information, you can call the Office of the Public Guardian on 1300 653 187 or visit their website.
The Public Trustee
The Public Trustee can act as an administrator (a substitute decision-maker for financial matters) for adults with impaired decision-making capacity. The Public Trustee can make decisions about financial matters, but cannot make decisions about accommodation, health care, or other personal matters.
The Public Trustee can only act as a person’s administrator when appointed by QCAT to do so.
The Public Trustee can also be appointed as a person’s attorney to make financial decisions on their behalf. A person can appoint The Public Trustee to be their attorney under an enduring power of attorney.
The Public Trustee also provides other services to Queenslanders. These include will making, drafting enduring powers of attorney, deceased estate administration and other financial management services. For more information, you can call The Public Trustee on 1300 360 044 or visit their website.
The Public Advocate
The Public Advocate undertakes systemic advocacy aimed at protecting and promoting the rights and interests of Queensland adults with impaired decision-making capacity. The Public Advocate focuses on influencing and improving the systems that impact on people with impaired decision-making ability, including the legislative, policy and service aspects of those systems.
Unlike the Public Guardian or Public Trustee, the Public Advocate does not provide services directly to people with impaired decision-making ability. The Public Advocate is not able to investigate individual complaints or allegations. However, the Public Advocate is interested in the experiences of people with impaired decision-making ability who access mainstream and support services.
The work of the Public Advocate is not limited to people who are subject to guardianship or administration orders. It involves advocating for the rights and interests of all adults with impaired decision-making ability in all aspects of community life. Click here or more information.