1. QCAT – dealing with adults with impaired capacity
Clare Endicott
Senior Member
8 February 2014

2. What does QCAT decide
makes declarations about the decision-making capacity of adults, guardians, administrators and attorneys
appoints guardians and administrators
provides directions and advice to guardians and administrators
reviews appointments
decisions related to enduring powers of attorney and advance health directives
gives consent for special health care matters and restrictive practices.

3. What QCAT considers
When making an appointment of a substitute decision maker the tribunal gives consideration to:
the capacity of the adult
is there a need, and if so who is the most appropriate appointee?
is this least restrictive option?

4. Sometimes, an appointment is not necessary
When family, friends and support network help the adult make decisions. Act designed to support the right of an adult to make decisions.
QCAT will only appoint a guardian or administrator if there is no other way to ensure that the adult’s interests are protected and that his/her needs are met.

5. Guardianship explained
A guardian is a person who is appointed to make personal and lifestyle decisions for an adult with impaired capacity for decision making.
Who can be a guardian
family member
friend
the Adult Guardian
not a paid carer or treating health professional for the adult

6. Administration explained
An administrator is appointed to make financial and legal decisions for an adult with impaired capacity for decision making.
Who can be an administrator
family member or friend
an appropriate professional
Public Trustee of Queensland
a private trustee company
not a bankrupt, paid carer or treating health professional

7. Standing as applicant Section 115(2) GAA2000 applications by:
The adult
Another interested person
Definition of interested person: person with a sufficient and continuing interest in the adult
Interpreted to mean interest in the adult’s welfare (emotional, financial or otherwise)

8. Role of QCAT
Putting into place a decision making regime for an adult with impaired capacity
Does not make health care (except special health care), accommodation or financial decisions for adults
Can give directions to appointed decision makers but does so rarely

9. Guardian V litigation guardian
QCAT has no role in appointing litigation guardians
Can appoint a guardian to make decisions about legal matters for an adult
Can appoint an administrator to make decisions about legal matters involving financial issues for an adult
See DMK [2013] QCAT 460

10. Legal matters Defined in Schedule 2, section 18
Inclusive, not exhaustive, definition
Can decide use of legal services to obtain advice
Can decide use of legal services to undertake a transaction
Can decide use of legal services to bring or defend a proceeding
Can decide to bring or defend a proceeding and settle a claim