Guardians and administrators
What is a guardian?
A guardian is a person who manages the day-to-day affairs of an adult who has impaired decision-making capacity. Guardians make decisions regarding personal and lifestyle matters such as medical treatment, accommodation, employment and support services. Guardians must be over 18, and must not occupy the roles of paid carers or health providers. They are usually a family member or friend. Alternatively, guardians can be appointed by the Guardianship and Administration Tribunal. The Tribunal may appoint the Adult Guardian as the formal guardian, to make personal and lifestyle decisions.
What is an administrator?
An administrator is someone who manages the financial, legal and property affairs of an adult with impaired decision-making capacity. Administrators must be over 18, and cannot be paid carers. Administrators are usually a family member or friend of the adult, or the Public Trustee/formal administrator. Alternatively, administrators can be appointed by the Guardianship and Administration Tribunal.
What is the Guardianship and Administration Tribunal?
The Queensland Government introduced the Guardianship and Administration Act 2000 to establish a formal mechanism for the appointment of guardians and administrators. The Act established the Guardianship and Administration Tribunal which can make decisions in the interests of an adult who has impaired decision-making capacity. These decisions may relate to the personal, health or financial affairs of the person. The Tribunal may appoint one guardian/administrator to handle all types of decisions, or different guardians/administrators for different types of decisions.
Am I a formal guardian and/or administrator or person acting informally in the role of guardian and/or administrator?
You are a formal guardian/administrator if:
- you have been appointed by the Guardianship and Administration Tribunal. The Tribunal will make an order detailing the decision-making powers of a formal guardian or administrator.
You are acting informally in the role of guardian and/or administrator if:
- you have an informal or private arrangement in place with the person you are assisting. Providing informal assistance in the capacity of guardian or administrator is acknowledged and provided for in the Guardianship and Administration Act 2000.
How does a guardian or administrator communicate with the Department of Housing?
If you are a formal guardian and/or administrator, the Department of Housing requires you to complete the 'Formal Guardian and/or Administrator details' form, available at your nearest Department of Housing Office. The person you are assisting does not have to be present. You should also provide a copy of the Guardianship and Administration Tribunal order to ensure the department is able to communicate with you effectively.
If you are acting informally in the role of guardian and/or administrator for a person who receives assistance from the Department of Housing, the department requires you to complete the ‘Details of person acting informally in the role of Guardian and/or Administrator’ form, available at your nearest Department of Housing Office. This form needs to be signed by the person you are assisting.
The department requests that both formal guardians and/or administrators and people acting informally in the role of guardian and/or administrator fill out a form to provide contact details and details of the decision-making powers. This will allow the department to contact the guardian and/or administrator on appropriate matters.
Would you like more information about guardians and/or administrators?
Contact your nearest Department of Housing office.
Last updated 07 July 2005
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