Guardianship and Administration Orders in Queensland

When a loved one loses the capacity to make their own decisions, it is an incredibly difficult time for families. If they haven’t prepared an Enduring Power of Attorney (EPA), navigating their financial and personal affairs can be confusing and stressful. Thankfully, Queensland law, as set out in the Guardianship and Administration Act 2000 (Qld), provides a clear pathway through guardianship and administration orders.

This guide explains the process, roles, and implications of these orders, offering clarity during a challenging period

IMPORTANT TAKEAWAYS

• Administration orders are legal documents that appoint a person to make financial and legal decisions for an adult with impaired decision-making capacity.
• Guardianship orders are similar but relate to personal and special health care decisions.
• These orders are crucial when there is no Enduring Power of Attorney in place.
• The application process is managed by the Queensland Civil and Administrative Tribunal (QCAT).
• Seeking legal advice is essential to navigate the process smoothly and ensure the right arrangements are made.

What is an Administration Order?

An administration order is a legal document issued by the Queensland Civil and Administrative Tribunal (QCAT). It appoints a person or organisation, known as an administrator, to make financial and legal decisions for an adult with impaired capacity. This can include managing bank accounts, paying bills, selling property, and handling other financial matters.

When is an Administration or Guardianship Order Needed?

These orders are typically required when an adult has lost the capacity to make their own decisions and there is no valid Enduring Power of Attorney in place. This can happen suddenly or gradually. Common scenarios include:

• Progressive illnesses like dementia or Alzheimer’s.
• Sudden events like a stroke, brain injury, or coma.
• Lifelong conditions such as an intellectual disability.
• Severe mental health conditions or chronic substance abuse.
• Physical frailty that, combined with cognitive decline, prevents a person from managing their affairs.

In these cases, a court-appointed administrator or guardian steps in to ensure the person’s welfare and interests are protected.

Guardians vs. Administrators – What’s the Difference?

While both roles are appointed by QCAT, they handle different aspects of a person’s life.

• Guardians are responsible for personal and health decisions. This includes where a person lives, their healthcare and medical treatment, and other lifestyle matters. A public guardian’s role is focused on the individual’s welfare.
• Administrators are strictly responsible for legal and financial decisions. These covers managing all financial affairs, such as assets, debts, and investments.

In some cases, the same person can be appointed as both a guardian and an administrator. QCAT will often appoint a family member or trusted friend, but in situations where no suitable person is available or there are complex family disputes, the Public Trustee of Queensland can be appointed to manage the financial affairs. This independent body is often considered a last resort to ensure the individual’s interests are protected.

Applying for Administration or Guardianship Orders in Queensland

The process to apply for guardianship or administration orders is a structured one handled by QCAT. While it can seem complex, following these steps can help:

1. Gather documentation: You’ll need evidence of the person’s impaired capacity. This usually includes a comprehensive medical report from a qualified doctor or health provider.
2. Complete the application form: You must complete the specific QCAT application form for a guardianship or administration order. This form requires detailed information about the person, their assets, and the proposed guardian or administrator.
3. Submit the application: Lodge the completed form and supporting documents with QCAT. There is a fee for the application.
4. Notification and hearing: QCAT will notify all relevant parties (such as family members and other support networks) about the application. A hearing will then be scheduled where a QCAT member will review the evidence and hear from all parties before deciding.

The process can take several months, and it’s important to ensure all paperwork is accurate and complete to avoid delays.

Common Challenges and How to Address Them

Applying for these orders can be complex. Understanding and preparing for the application can help ease the process.

Family disputes

Disputes over who should be appointed can be common. Families may disagree on the best course of action or who is most suitable for the role. For more information on navigating disagreements, you can visit our Estate Litigation page.

Lack of medical clarity

Sometimes, medical reports aren’t clear enough about a person’s capacity. QCAT may require further medical assessments to make an informed decision.

Disagreement about who should be appointed

Even when family members agree an order is needed, they may not agree on who should be appointed as administrator or guardian. QCAT will consider the wishes of the person where possible and will always act in their best interests.

Frequently Asked Questions

What is an administrative order?

An administrative order, also known as an administration order, is a legal appointment by QCAT that grants a person or organisation the authority to manage the financial affairs of an adult with impaired decision-making capacity.

What are the disadvantages of an administration order?

A key disadvantage is the loss of autonomy for the person under the order. It is also a more formal and potentially more expensive process than preparing an Enduring Power of Attorney and can lead to family disputes.

What is the administrative arrangements order in Australia?

This is a different type of legal order, typically used in commercial contexts, and is not related to guardianship or administration orders for an individual’s personal affairs.

What does it mean to go under administration?

To “go under administration” means to have an administration order made for you by QCAT. This means an appointed administrator has legal authority to manage your finances and legal matters on your behalf.

CONCLUSION

Navigating the complexities of guardianship and administration orders can be challenging, but they are vital tools for protecting your loved one’s interests and well-being. Understanding the process and roles is the first step toward making the right decisions for your family.

For comprehensive legal advice and assistance with your application, it is highly recommended you seek expert legal counsel. The experienced team at ABKJ Lawyers is here to guide you through this process with professionalism and empathy.

Enquire online or call ABKJ Lawyers on (07) 5532 3199 to speak with a legal professional who can guide you through the process of applying for a guardianship or administration order.