The Guardianship and Administration Act 2000 enables the Guardianship and Administration Tribunal to appoint Administrators and/or Guardians to make decisions on behalf of the adult. Once appointed, Administrators can make financial decisions, and legal decisions related to financial matters, on behalf of the adult. Guardians can make decisions on personal, health and lifestyle matters as well as other legal matters not related to the adult's finances or property.

• Understanding the nature and effect of the decision;
• Deciding freely and voluntarily;
• Communicating the decision in some way whether orally, in writing or other methods of communication, such as sign language.

The complexity of decisions an adult may be faced with can vary and so too can an adult’s capacity for decision making. Hence, an adult may be able to cope with some decision making tasks and not others.

Moreover, a person's capacity to make the same decision may vary over time depending on the nature of their disability.

An application is made to the Guardianship and Administration Tribunal, which has the authority to appoint Guardians and Administrators. The Tribunal will only appoint a Guardian or Administrator if it is satisfied that:

• The adult has impaired capacity;
• There is a need for a Guardian or Administrator;
• If a Guardian or Administrator is not appointed, the adult's needs will not be adequately met or their interests will not be adequately protected.

A Guardian is a person appointed by the Tribunal to make personal and lifestyle decisions for an adult with impaired capacity. A Guardian can make decisions about an adult's lifestyle and/or health care. For example, decisions about where the adult lives, what they eat and certain decisions about their medical treatment.

However, a Guardian cannot make decisions about special health matters such as sterilisation. Nor can they make decisions with regard to special personal matters such as consenting to the adult adopting a child or making the adult's Will.

Further information on the role of Guardians is available from the Guardianship and Administration Tribunal on (07) 3234 0666 or 1800 177 581 or the Office of the Adult Guardian on (07) 3234 0870 or 1300 653 187.

An Administrator is appointed by the Guardianship and Administration Tribunal to make financial decisions, and legal decisions related to financial matters, on behalf of an adult who is unable to do so themselves. The Tribunal is an independent body that determines the best person or entity to appoint as Administrator. The Administrator must act in accordance with the provisions of the Guardianship and Administration Act 2000 and the directions of the Administration Order.

The Guardianship and Administration Act 2000 outlines the General Principles that must be followed by all Administrators. In addition, when an Administrator is appointed they are required to develop and implement a formal management plan that ensures the effective and responsible administration of the adult's finances. This includes:

• Determine the full nature and extent of the adult's financial interests;
• Ensure all entitlements to income or benefits such as pensions are obtained;
• Develop a budget covering expected income and expenditure that ensures financial security and maximises the adult's independence and quality of life;
• Maintain clear and accurate records, including receipts, of all actions taken on the adult's behalf;
• Initiate or follow-up any matters that affect the adult including taxation, social security, legal claims and insurance;
• Ensure that the adult and their relatives and carers participate in the decision-making process;
• Recognise and take into account the adult's cultural and religious values;
• Act in accordance with Part 3 of the Trusts Act 1973 ( commonly known as the Prudent Person Rule ) when making or maintaining investments on behalf of the adult. This includes an obligation to review the performance of investments on an annual basis at minimum, to consider the risk of capital or income loss or depreciation, the likely income return and the timing of income return.
  
  

The Public Trustee of Queensland can be appointed as an Administrator. Since 1915 The Public Trustee of Queensland has been providing services for people who, due to accident, illness, age or disability, require assistance in the administration of their financial and legal affairs. The Public Trustee of Queensland provides economical and accessible investment, legal and associated services and acts as an independent and impartial Administrator for the people of Queensland.

If an individual wishes to be appointed as Administrator they must be:

• At least 18 years of age and;
• Not a paid carer or health provider for the adult (note: paid carer does not mean someone on the carer pension or similar benefit);
• Not a bankrupt or taking advantage of the laws of bankruptcy.

A trustee company under the Trustee Companies Act 1968 can also be appointed as Administrator.

The Tribunal has exclusive jurisdiction for the appointment of Guardians and Administrators for adults with impaired capacity. However, the Supreme Court can appoint Guardians and/or Administrators in settlement or damages awards and is deemed to be the Tribunal in these instances.

The Tribunal consists of appointed members of the community who have experience, either professionally or personally, in assisting people who have impaired capacity. The Tribunal has a President, three Deputy Presidents, a Registrar and Tribunal members.

The functions of the Tribunal include-

• Consider applications for appointment of Guardians and/or Administrators;
• Appoint Guardians and Administrators and review their appointments;
• Make declarations about the capacity of an adult, Guardian, Administrator or Attorney;
• Provide directions or advice in relation to Guardians and Administrators, Enduring Powers of Attorney, Attorneys and related matters;
• Ratify an actual or proposed action for an adult by an informal decision maker;
• Consent to certain types of special health care for the adult;
• Register orders of a similar type (ie. Guardianship and Administration orders) made outside of Queensland;
• Review a matter in which a decision has been made by the Registrar of the Tribunal.
  

The Registrar may perform the functions and exercise the powers of the Tribunal in relation to non-contentious matters and can make interim orders.

The Adult Guardian is an independent officer appointed to protect the rights and interests of adults with impaired capacity. The Adult Guardian can offer support and advice to Attorneys and supervise an Attorney if there is any concern about the manner in which the Attorney is performing his/her role. The Adult Guardian can act as statutory health attorney for an adult if there is no one else available with the authority to make health decisions.

The Adult Guardian protects adults who have impaired capacity from neglect, exploitation or abuse. It can investigate complaints and allegations about actions by an Attorney, Guardian or Administrator or another person acting or purporting to act under an Enduring Power of Attorney. The Adult Guardian can mediate between Attorneys, Guardians or Administrators and others if there is a dispute.

The Adult Guardian can suspend the power of any attorney found to have acted in an irresponsible manner placing an adult with impaired capacity at personal or financial risk. The Guardianship and Administration Tribunal can also appoint the Adult Guardian as Guardian.

The Guardianship and Administration Act 2000 also creates the role of the Public Advocate. The Public Advocate's role is systemic advocacy to:

• promote and protect the rights of adults with impaired capacity;
• promote the protection of the adults from neglect, exploitation or abuse;
• encourage the development of programs to help the adults reach the greatest practicable degree of autonomy;
• promote the provision of services and facilities for the adults;
• monitor and review the delivery of services and facilities to the adults;
• The Public Advocate may intervene in a proceeding before a court, Tribunal or in an official inquiry. However, this intervention requires the leave of the court, Tribunal or person in charge of the inquiry and is subject to the terms imposed by those bodies.