Guardianship & Financial Administration for Adults Lacking Capacity

Ideally, every adult should have an Enduring Power of Attorney where they appoint attorneys to look after their affairs if they lose capacity.  If a person loses capacity and they haven’t made an Enduring Power of Attorney, then it’s too late to appoint an attorney – instead, a friend or relative needs to make an application to be appointed as the Administrator and Guardian for the adult.

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In those circumstances, an application needs to be filed with the Queensland Civil and Administrative Tribunal (‘QCAT’) who will consider the needs of the person with impaired capacity.  If their personal and financial affairs are not being properly managed, then QCAT can appoint an Administrator and/or Guardian – the Administrator manages the financial affairs of the impaired person, whilst the Guardian manages the personal and health affairs of the impaired person.  Often (but not always) the same person is appointed as the Administrator and Guardian.  If there’s no suitable and willing person, then the Public Trustee may be appointed as Administrator and the Public Guardian may be appointed as Guardian for the impaired person.

Once appointed, the Administrator and Guardian act like an attorney for the impaired person, managing and looking after their affairs.  Slightly different to an attorney however, the Administrator and Guardian may have to periodically report to QCAT or another institution.

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The process of applying for, and becoming an Administrator and/or Guardian can be cumbersome and drawn out, and comes with many significant duties and obligations.  Ashton Estate Lawyers have experience with assisting clients in being appointed as Administrators and Guardians for relatives who have impaired capacity, from preparing the necessary legal documentation to preparing financial management plans demonstrating the suitability of the applicant in how they will manage the impaired person’s financial affairs.  If you have a loved one with impaired capacity, and there’s no attorney, then please contact us for a free 15-minute telephone conversation to discuss your circumstances and needs, and find out how we can assist you.

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Separately from seeking appointment as an Administrator or Guardian, sometimes there might be concerns as to how an attorney is managing the affairs of a person with impaired capacity.  Where this occurs, an aggrieved person can apply to QCAT to review the appointment of the attorney, and if appropriate, QCAT can make orders for the removal of an attorney and appointment of an Administrator and/or Guardian.  If you’re worried about how a relative or friend’s affairs are being managed, please contact us for a free 15-minute telephone conversation to find out where you stand and what you can do.