When people can no longer manage their own affairs (for example due to dementia or brain injury), a close family member and/or lawyer is often appointed as Administrator or Guardian to make financial and personal decisions on their behalf. However, it’s not always smooth sailing. There are often disputes between family members or friends over who should be appointed and whether they are doing a good job.
Guardianship and Administration Disputes
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Guardianship and Administration Disputes
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How we help you
We help solve concerns about the care of family or loved-ones with advice regarding Powers of Attorney, guardianship and administration matters, including:
- How to apply to QCAT (Queensland Civil and Administrative Tribunal) for an Administrator and Guardian to be appointed.
- What to do if the person’s Attorney is abusing their powers or is not doing their job properly (also see Power of Attorney disputes).
- What happens when Attorneys, Guardians or Administrators breach their obligations.
- If compensation may be available in cases of breach or misappropriation of funds.
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Administrators, Guardians and QCAT
An Administrator is authorised to make financial-type decisions for a person. A Guardian is authorised to make personal (including health) decisions for a person. These positions can only be appointed by QCAT and only where the relevant person lacks the necessary mental faculties to make their own decisions.
Applications to QCAT can be made by family, friends or any person who has good reason to see that decisions need to be made for someone with a cognitive disability.
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Common cause of disputes
In some cases, there may be a dispute between family members or friends as to who is the most appropriate person to appoint to these important roles. If there is a serious dispute or there is no suitable family member or friend to appoint, QCAT may instead appoint the Public Trustee or the Public Guardian to manage a person’s affairs.
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Obligation-free appraisals, flexible fee options
We are pleased to offer a range of fee options depending on your circumstances, including deferred and no win no fee arrangements. Contact us for your free, 30-minute obligation free appraisal today.
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When things go wrong
Unfortunately, some Attorneys and Guardians breach their obligations and duties after they have been appointed by not acting in a person’s best interests. When this occurs, the Supreme Court (and in some cases, QCAT) has the power to change the powers granted to an Attorney or Guardian and even replace them altogether. Compensation may also be sought in certain circumstances when an Attorney has, for instance, breached their powers by misappropriating funds.
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Plan your next move
If you have concerns about the care of a loved-one or would like advice about Powers of Attorney or guardianship and administration matters, contact our Team today.
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Meet our Estate Litigation team
Delivering tailored and personal legal solutions
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Don’t wait any longer to get the right advice
All of our lawyers are highly experienced in their area of law