How do I apply to QCAT to become a guardian for a family member in Queensland?

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) .

The Application Process

1. Medical Evidence: You must provide QCAT with a recent medical report from a doctor or specialist confirming that the adult has impaired decision-making capacity. QCAT has a specific Health Professional Report form for this purpose.
2. The Form: You must complete QCAT Form 10 – Application for administration/guardianship. This form requires detailed information about the adult, their family, their finances, and why an appointment is necessary.
3. Filing: Lodge the application with QCAT. There is no filing fee for guardianship or administration applications.

How Does QCAT Decide?

QCAT will schedule a hearing. The adult involved has the right to attend. QCAT must be satisfied of three things before making an appointment:

1. The adult has impaired capacity for the matter.
2. The adult has a need for a decision, or the adult is likely to do something unreasonable that involves significant risk to their health, welfare, or property.
3. Without an appointment, the adult’s needs will not be adequately met, or their interests will not be adequately protected.

Who Will Be Appointed?

QCAT’s paramount consideration is always the adult’s best interests.

The Tribunal generally favours appointing family members over non-family members, provided the family member is appropriate, competent, and does not have a conflict of interest.

If family members are in bitter dispute, or if no suitable family member is available, QCAT may appoint the Public Guardian (for personal decisions) or the Public Trustee (for financial decisions) as an independent last resort.

Urgent Applications

If the adult is in immediate risk of serious harm or financial exploitation (for example, if a non-family carer is isolating them and draining their bank accounts), you can apply for an Interim Order. QCAT can make urgent, short-term decisions to protect the adult while a full hearing is arranged.