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The Queensland Civil and Administrative Tribunal (QCAT) is an independent body that assists Queenslanders in resolving disputes across a range of issues.
One of these is in appointing someone to assist a person who has lost capacity and is unable to make decisions for themselves.
If you require assistance in making this application or throughout this process, we have Wills and Estates Law experts who can provide guidance.
Appointing a guardian
You can lodge an application with QCAT to have them appoint a guardian to make personal and health care decisions for an individual who is no longer able to make decisions for themselves.
This can be necessary for someone who has impaired decision-making ability and they are no longer able to make an Enduring Power of Attorney.
The application needs to confirm the person is unable to make decisions for themselves, detail why a guardian is required, and identify the proposed guardian.
Appointing an Administrator
QCAT has the power to appoint a person as Administrator to manage the financial affairs of a person who can no longer do so themselves.
For appointing a Guardian for personal decisions, evidence of the person’s incapacity must be shown to QCAT and a financial plan submitted.
Reporting attorneys who act improperly
If an attorney acting to assist the incapacitated individual is acting improperly and not in the best interests of the person, you can also apply to have them removed for failing to act properly.
Additionally, there are scenarios where someone who had previously lost the capacity to make decisions for themselves recovers this ability and no longer needs to have someone act on their behalf and we can help them regain control of their affairs.