Guardianship & QCAT FAQs

If a vulnerable relative, such as someone with dementia, has been suddenly moved into care and isolated from family by an unrelated person, immediate action is necessary to protect their welfare and estate. 1. Check for Formal Legal Orders Without a formal order, instructions from third parties to cease contact have no legal force. You can verify if any orders exist: Domestic Violence Protection Order (DVO): Contact the Queensland Police Service on 131 444 to check the national register. DVOs must be personally served to be enforceable.1 Peace and Good Behaviour Order: Contact the nearest Magistrates Court registry to check if an order under the Peace and Good Behaviour Act 1982 (Qld) is registered against you.2 QCAT Orders: Submit a request to search the public QCAT Register of Proceedings to see if a guardianship or administration order has been made over your relative.3 2. Locate the Person If their location is unknown, several avenues exist:

If a family member—such as an aging parent with dementia or a relative with an intellectual disability—loses the capacity to make their own decisions and has not executed an Enduring Power of Attorney, you cannot simply step in and make legal, medical, or financial decisions for them. You must apply to the Queensland Civil and Administrative Tribunal (QCAT) to be formally appointed as their Guardian (for personal and health decisions) and/or Administrator (for financial decisions) under the Guardianship and Administration Act 2000 (Qld) .

Domestic violence is not always physical. Coercive control involves an ongoing pattern of behaviour designed to isolate, manipulate, and exert power over a person. It is insidious and often precedes physical violence, but it is equally damaging when targeted at vulnerable elderly individuals for financial gain. As of 26 May 2025, the Criminal Code (Qld) formally recognises coercive control as a standalone criminal offence, carrying a maximum penalty of 14 years imprisonment.

If a family member lacks capacity and has no power of attorney, you may need to apply to QCAT for guardianship. Being next of kin alone does not give you legal authority to make binding decisions — a formal guardianship order is required.