Who can be A Guardian or Administrator?
In some situations, QCAT may determine that there is no suitable individual who can be appointed as a guardian or administrator for an adult with impaired decision-making capacity. In these cases, QCAT can appoint the:
- Public Guardian – to make personal and health decisions, and/or
- Public Trustee of Queensland – to manage financial and legal matters.
These are government agencies that act as decision-makers of last resort.
In Queensland, if the Queensland Civil and Administrative Tribunal (QCAT) decides that a person with impaired decision-making capacity needs a formal decision-maker — but there is no suitable family member, friend, or trusted person available — it can appoint a public official to act in that role.
These public appointments are intended to be a last resort. They are made to ensure the person’s interests are protected and their decisions are legally managed when no one else is appropriate or available.
The Office of the Public Guardian (OPG) is an independent Queensland government agency established under the Public Guardian Act 2014. QCAT may appoint the Public Guardian to make decisions for a person about:
- Where they live,
- What services or supports they receive,
- Health care, including medical treatment or procedures,
- Restricting access to people who may be causing them harm,
Lifestyle and personal matters.
- Act in the person’s best interests,
- Use the least restrictive approach possible,
- Promote the person’s rights and wellbeing,
- Involve the person in decisions as much as possible,
- Apply the General Principles of the Guardianship and Administration Act 2000.
The Public Guardian also investigates concerns about abuse, neglect, or exploitation of adults with impaired decision-making capacity—even when not appointed as a guardian.
The Public Trustee of Queensland is a separate statutory authority established under the Public Trustee Act 1978. It is not part of the Office of the Public Guardian.
QCAT can appoint the Public Trustee as an administrator if no suitable private individual is available to manage a person’s financial matters. The Public Trustee can:
- Manage bank accounts and pay bills,
- Oversee income and assets,
- Administer property and investments,
- Organise budgets and financial planning,
Make decisions about legal and financial matters (e.g., contracts, tax, insurance).
- Act in the person’s financial best interests,
- Keep detailed financial records,
- Avoid conflicts of interest,
- Make decisions in line with the person’s wishes and preferences where possible.
While legally accountable, some people feel that the Public Trustee’s processes lack transparency or flexibility. It’s important that individuals and families know they can ask questions, seek advocacy support, and request reviews.
QCAT will only appoint the Public Guardian or Public Trustee if:
- There is no one suitable or available in the person’s life to take on the role,
- There are concerns of conflict, abuse, or exploitation,
- There is no Enduring Power of Attorney in place.
Even after appointment:
- The person still has rights and should be included in decisions,
- The appointment can be reviewed, changed, or revoked by QCAT,
- Advocacy and legal supports are available to help raise concerns or challenge decisions.