Last updated 15 July 2022
The Queensland Civil and Administrative Tribunal (QCAT) has exclusive power to appoint guardians and administrators for adults with impaired capacity. The Supreme Court and QCAT both have the power to deal with matters in relation to enduring documents and attorneys appointed under enduring documents, including the supervision of attorneys (s 82 Guardianship and Administration Act 2000 (Qld) (Guardianship Act)).
If an attorney for a person wishes to resign as an enduring power of attorney and the principal has lost capacity, the attorney needs to make an application to the Supreme Court or to QCAT to allow this to happen and to validate the attorney’s resignation (QCAT Form 12, Application for Miscellaneous Matters).
The Supreme Court and QCAT have general powers to hear applications for declarations, directions, recommendations or advice about anything under the Powers of Attorney Act 1998 (Qld) or to provide consent to a special health matter (s 82 Guardianship Act).
An extended range of people may apply to the Supreme Court or QCAT including the person themselves, a member of the person’s family, an attorney, the Public Guardian or another interested person (s 115 Guardianship Act). The tribunal is required, at least seven days before the hearing of an application, to give notice of the hearing to the person concerned in the matter and as far as practicable, and among other persons, to the applicant (if it is not the person concerned), a spouse, child, parent or sibling of the person concerned (s 118 Guardianship Act).
The Queensland Civil and Administrative Tribunal has power to make a declaration about a person’s capacity whether or not they do or do not have capacity. The tribunal may do this on its own initiative or on an application of the person or another interested person (s 146 Guardianship Act).
The Supreme Court or QCAT may order that an attorney be replaced or removed, or it can change the terms of a power of attorney and revoke any documents or transactions entered into by any attorney invalidly.