Guardianship & Administration

Experienced Guardianship Lawyer in Brisbane

The team at FP Lawyers are specialists in matters of family law, including guardianship, administration and powers of attorney.

If a loved one becomes unable to care for themselves, it’s possible to become their guardian and help them take care of their affairs.

In Brisbane, Guardianship is overseen by the Queensland Civil and Administrative Tribunal (QCAT). QCAT is responsible for assessing individual matters, appointing guardians, managing complaints and ensuring adults are cared for.

Guardian applications in QCAT involve seeking the appointment of a guardian for an adult who is incapable of making their own decisions. This could be due to factors such as age, disability or illness.

Becoming a guardian is a major responsibility. Some of our lawyers have lived experience as guardians and carers of adults, so we understand how stressful and overwhelming this process can be.

When you work with FP Lawyers, we take a customised approach to legal guardianship and provide expertise and guidance throughout proceedings.

If you need advice, representation or want to know more about guardianship of an adult, book an appointment with our team.

Applying for Guardianship and the QCAT Process

The QCAT process aims to safeguard the well-being and interests of adults who are unable to make sound decisions for themselves. However, the application process can be complex, involving legal documentation, medical assessments and adherence to strict legal guidelines.

Applying for Guardianship to QCAT is broken into three stages:

• Stage One: Your guardianship lawyer makes an urgent application to QCAT. This allows you to be appointed as a guardian on an interim basis.
• Stage Two: The Tribunal schedules a hearing. The adult is invited to attend the hearing where possible. You will need to provide a detailed explanation of what you have achieved in the interim period as the guardian and details of how you plan to assist the adult moving forward.
• Stage Three: Once you have been appointed as guardian, the Tribunal will generally request that you provide regular updates on your activities and how you help the adult take care of their affairs.

The QCAT process is governed by strict timelines and procedures. If you want to become the guardian of a loved one, or if you want to lodge a complaint about an existing guardian, it’s important to work with an experienced lawyer.

A guardianship lawyer can provide invaluable support in preparing documentation and evidence, presenting your case in the strongest manner, and ensuring the matter is handled according to QCAT’s timeline.

Guardianship Disputes

Guardians and administrators have a responsibility to act in the best interests of the adult they are caring for.

Unfortunately, this isn’t always the case, and an appointed guardian may abuse their power, act against the adult’s wishes, or act against QCAT’s decision. If this happens, you can make a complaint to QCAT to have the issue investigated.

You can dispute the appointment or actions of a guardian if the adult is being, or has been, neglected, exploited or abused. You can also raise a dispute if you feel the adult has inadequate decision-making arrangements.

The attorneys, guardians and administrators of an adult may also need to apply to QCAT for help in resolving disagreements.

If you are concerned about the actions of a guardian, administrator or attorney, contact our guardianship lawyers immediately. We can advise on how to lodge and manage your complaint, as well as the supporting documentation you need to provide.