How to apply for Guardianship or Administration?
Sometimes a formal decision-maker is needed to help a person with impaired decision-making capacity — but only if there are no less restrictive alternatives in place, such as informal supports or an Enduring Power of Attorney.
If that’s the case, someone can apply to the Queensland Civil and Administrative Tribunal (QCAT) to appoint a guardian (for personal or health decisions) or an administrator (for financial and legal matters). This is a legal process, and it should always focus on the person’s rights, will, and preferences.
You may apply to QCAT for guardianship or administration only when:
- The person has (or may have) impaired decision-making capacity for a specific matter,
- There is no existing Enduring Power of Attorney, Advance Health Directive, or other legal arrangement,
- The person needs a formal decision to be made (e.g., where to live, medical consent, managing money),
- Informal supports are not working or not available,
- There is a conflict, risk of abuse, or exploitation,
- A capacity assessment or professional report recommends guardianship or administration.
Important: Applying for guardianship or administration is a serious legal step. Always consider whether a less restrictive option could meet the person’s needs first.
Anyone with a genuine concern for the person’s wellbeing can apply, such as:
- Family members or friends,
- Advocates or carers,
- A hospital, doctor, or service provider,
- The Public Guardian or the Public Trustee,
- The person themselves (if they want to revoke or change a previous order).
To apply, you must submit the following to QCAT:
- Form 10 – Application for Appointment of Guardian and/or Administrator
This is the main application form where you explain why a decision-maker is needed and what types of decisions are involved.
➤ Download Form 10 here - Medical or Capacity Assessment Report
You must provide recent evidence that the person has impaired decision-making capacity for the relevant decisions. This usually includes:- A written capacity assessment report from a GP, psychologist, psychiatrist, or other health professional.
- Use QCAT's Health Professional Report – Form 4 or attach a comprehensive clinical letter.
➤ Download Form– Health Professional Report here
- Any supporting documents
- Letters from service providers,
- Previous Power of Attorney documents,
- Reports showing financial mismanagement, neglect, or conflict (if relevant).
These help QCAT understand the context and risk.
Tip: Always provide clear, respectful, and specific examples that show why the person needs help and how it’s currently impacting them.
Before applying, ask:
- Has the person been supported to make their own decisions as much as possible?
- Are there informal supports that are already working?
- Is there an Enduring Power of Attorney or Advance Health Directive in place?
- Could the issue be resolved through advocacy or mediation?
- What does the person want?
>>> Under Queensland law, a person has the right to make their own decisions unless there is clear evidence to the contrary. Making a choice that others see as risky or unwise does not mean they lack capacity.
Once the forms and documents are ready, submit them to QCAT:
- Email or Post: Forms can also be submitted via email or posted to your local QCAT registry. (details on the toolkit)
After submission, QCAT will send a notice of hearing and may ask for further information or evidence.