What is Guardianship?
Guardianship is a legal arrangement where a person (called a guardian) is appointed to make certain personal or health-related decisions on behalf of an adult who has been found to have impaired decision-making capacity.
In Queensland, only the Queensland Civil and Administrative Tribunal (QCAT) can legally appoint a guardian under the Guardianship and Administration Act 2000 (Qld).
- A person is unable to make a specific decision, even with support,
- The decision is about personal matters (not finances),
- There is a clear need for a decision to be made, and
- There are no less restrictive options available—such as informal supports, nominated decision-makers, or an enduring power of attorney.
- Guardianship should only be considered when:
Guardianship is a serious limitation of a person’s rights and should only be used as a last resort.
A guardian can make decisions about personal matters, including:
- Health care decisions (e.g. medical treatment, consent to procedures),
- Living arrangements (e.g. where the person lives),
- Support services (e.g. choosing disability support providers),
- Day-to-day personal matters, such as:
- Who the person has contact with,
- Access to community or social activities,
- Diet, dress, and routine (depending on the scope of the order).
A guardian cannot:
- Make financial decisions (this role belongs to an administrator),
- Make decisions that go beyond the scope of the order made by QCAT,
- Override a person's wishes without considering their human rights and preferences,
- Act in their own interests—guardians must act in the person’s best interests and least restrictive manner.
Guardians are legally required to:
- Act honestly and carefully,
- Keep accurate records of decisions,
- Follow QCAT’s directions, and
- Respect the person’s rights, culture, and preferences.
Their decisions can be reviewed or challenged, and QCAT can change or remove a guardian if necessary.
When QCAT appoints a guardian, it does not give them unlimited power. The guardian is only allowed to make specific personal decisions that are clearly listed in QCAT’s order.
This is called the scope of their decision-making authority.
- What types of personal decisions the guardian can make (e.g. medical, accommodation),
- How long the appointment lasts (temporary or ongoing),
- What limitations or conditions apply (e.g. must consult with the person, must follow cultural preferences).
If a guardian makes decisions outside this scope, their actions may be unlawful and can be challenged or reviewed.
Even within the scope of their appointment, guardians must:
- Use a least restrictive approach,
- Respect the person’s dignity, culture, values, and wishes as far as possible,
- Consider the person’s past preferences and current will,
- Work collaboratively with the person and any support networks,
- Only make decisions when necessary—not “just in case.”
Guardianship is not a takeover of a person’s life. It is a limited legal safeguard used only when essential.
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