Role of the Guardianship and Administration Tribunal as part of a Will

June 23, 2008 – 3:35 pm

The Tribunal’s main task is to determine whether or not a person with impaired decision-making capacity needs a guardian or administrator and, if necessary, to make an appointment order. The Tribunal’s other powers include giving directions and advice to guardians and administrators, monitoring, reviewing and amending orders, and ratifying and approving decisions by informal decision makers. Informal decision makers are people who have not been formally appointed by the Tribunal as a person’s guardian or administrator. A president, who is a lawyer, and one or more deputy presidents head the Tribunal. There are approximately twenty tribunal members, all either lawyers and/or people with extensive professional or personal experience dealing with people who have impaired decision-making capacity.

Guardianship and Administration Act 2000

June 23, 2008 – 3:34 pm

In the case where there is no enduring power of attorney then problems may arise. The Guardianship and Administration Act 2000, which commenced operation on 1st July 2000, complements the Powers of Attorney Act 1998 and is the final stage in the implementation of recommendations made by the Queensland Law Reform Commission to assist people with impaired decision-making capacity.

The Act established the Guardianship and Administration Tribunal that is empowered to make orders appointing people as guardians and administrators, and to set the terms of their appointment.

The Tribunal therefore provides a legal mechanism to enable decisions to be made when the need arises.

Powers of Attorney Act 1998

June 23, 2008 – 3:33 pm

The Powers of Attorney Act 1998 provided for enduring powers of attorney to cover personal, health and financial matters. An enduring power of attorney is a formal agreement giving someone else the power to make certain decisions on your behalf if ‘for some reason you are unable to act for yourself’.