What can I do if a family member has been removed to care by a non-family carer?

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:

• Queensland Health: You can contact their patient liaison service requesting a welfare check, which may yield better results than a direct location request given privacy laws.⁴
• Public Registers: Check the Australian Electoral Roll at an AEC state office, state Births, Deaths and Marriages registries, and the relevant Supreme Court probate registers.
• Family Tracing Services: The AFP National Missing Persons Coordination Centre (1300 369 784) and ISS Australia can assist when family members lose contact.⁵
• Private Investigator: A licensed PI has lawful access to databases unavailable to the general public.

3. Coercive Control Laws

As of 26 May 2025, coercive control is a criminal offence in Queensland. If a vulnerable person is being isolated by someone controlling their finances and movements, this may be a criminal matter that Queensland Police can investigate.⁶

4. Apply to QCAT for Guardianship

If the person lacks capacity, you can apply to QCAT to be appointed as their legal guardian under the Guardianship and Administration Act 2000 (Qld) .

QCAT’s paramount consideration is the best interests and expressed wishes of the person themselves. While courts and tribunals generally prefer appointing close family members over non-family carers, a carer who has provided appropriate and consistent care may be given significant weight. Family members should seek specific legal advice about their prospects. Legal Aid Queensland (1300 65 11 88) may be able to assist with funding for these applications.