Who can be A Guardian or Administrator?
When the Queensland Civil and Administrative Tribunal (QCAT) decides that a person needs help making personal or financial decisions, it can appoint a guardian or administrator.
QCAT will always aim to choose someone the person knows and trusts, who understands their values, and will act in their best interests—not just what others think is best.
QCAT can appoint a person or organisation to act as a guardian or administrator, so long as they are:
- Over 18 years old,
- Willing and able to take on the role,
- Competent and responsible (e.g. organised, trustworthy),
- Free of conflicts of interest (e.g. not benefiting financially from the role),
- Genuinely committed to acting in the person’s best interests,
Respected by or known to the person, where possible.
This might include:
- A family member (e.g. parent, sibling, adult child),
- A partner or close friend,
- A supportive community member, caseworker, or advocate,
- A professional person such as a lawyer or accountant (for administration).
QCAT prefers to appoint people already involved in the person’s life who understand their values, needs, and cultural background.
QCAT will not appoint someone who:
- Has a history of abuse, exploitation, or neglect,
- Is bankrupt or has mismanaged money (for administration roles),
- Has a conflict of interest, such as standing to gain financially from decisions,
- Is not willing to follow QCAT’s rules and responsibilities,
- Is unable to work respectfully with others, including the person and support networks.
Being related to someone does not automatically qualify a person to act as guardian or administrator. QCAT must be confident they will uphold the law and the person’s rights.
When deciding who to appoint, QCAT will consider:
- Whether the person needing help has expressed a preference for someone,
- Whether the proposed person has been actively involved in their life,
- If the proposed person understands and respects the person’s values, culture, and communication needs,
- Whether they can make decisions that are informed, fair, and accountable,
- The complexity and scope of the decisions required.
Sometimes, more than one guardian or administrator is appointed to share responsibilities or provide a safeguard.
If QCAT decides there is no suitable individual available, it can appoint:
- The Public Guardian (for personal and health matters),
- The Public Trustee of Queensland (for financial and legal matters).
These are government bodies that act as a “last resort” when no one else can take on the role.
Although they are legally obligated to act in the person’s best interests, they may not have a personal connection to the individual, which is why informal or trusted alternatives are always explored first.
A public appointment should never be automatic. The law requires that less restrictive and more person-centred options are considered first.
Anyone appointed must:
- Comply with the General Principles of the Guardianship and Administration Act 2000,
- Promote the person’s dignity, participation, and autonomy,
- Help the person make their own decisions wherever possible,
- Respect the person’s culture, values, and preferences,
Act honestly, carefully, and transparently.
Additional Resources
Making decisions for others as a guardian or administrator (Queensland Government website) HERE
Decision-making for Adults with impaired capacity (QCAT website) HERE
Guardians – Personal decisions (QCAT website) HERE
Factsheet: Obligations of guardians and administrators (PDF retrieved from QLD Gov publications portal) HERE
Restrictive Practices (QCAT website) HERE