A person of 18 years of age is legally considered an adult and are entitled to make decisions about their own life. Adults are presumed to have capacity to make all of their own decisions until it is proven otherwise.
If an adult has impaired capacity, they may need someone else to make particular decisions for them. Such a person is called a guardian or an administrator.
The Queensland Civil and Administrative Tribunal (QCAT) is an independent government body that facilitates the appointment of guardians and/or administrators for a person with impaired capacity.
An application to be someone’s guardian and/or administrator can be submitted to QCAT if you believe it is necessary, however impaired capacity must be proven before an appointment will be made.
The difference between a guardian and an administrator is the types of decisions they will make.
A Guardian makes certain personal and health decisions such as where the person lives, who they have contact with, services and support provided to them and decisions relating to general health, care and welfare.
Administrators deal with certain financial and legal decisions such as paying bills, buying or selling property, investments and business decisions.
QCAT allows any interested person to submit an application.
An applicant must be over 18 years of age and cannot be a paid carer or health provider of the adult.
The Application form also requires a report from a health professional.
If there is no appropriate candidate for the role of guardian or administrator, QCAT can appoint the Public Guardian or Public Trustee to assist.
For assistance with the process of applying for guardianship or as an administrator, an experienced solicitor in Cairns can help you through every step of the way.
Contact the team at Marino Lawyers today to discuss how we can assist you