Frequently asked questions—financial administration

QCAT will only appoint an administrator if it is satisfied that all of the below apply:

• The person has impaired capacity for financial matters.
• There is a need for a decision or the person is likely to do something that involves, or is likely to involve, unreasonable risk to the person’s health, welfare or property.
• If an administrator is not appointed, the person’s needs will not be adequately met or their interests will not be adequately protected.

A person may have impaired capacity if they are unable to understand, make or implement a decision. Two parts to the decision-making process have been identified:

• Understanding the nature and effect of the decision
• Deciding freely and voluntarily.

The complexity of decisions a person may face can vary and so too can a person’s capacity for decision making. A person may be able to cope with some decision-making tasks and not others.

A person's capacity to make the same decision may vary over time depending on the nature of their illness or disability.

QCAT is an independent, accessible tribunal that resolves disputes and makes and reviews decisions on a range of matters.

In guardianship and administration matters, QCAT has exclusive jurisdiction for the appointment of guardians and administrators for adults with impaired capacity. However, the Supreme Court can appoint administrators in settlement or damages awards.

The guardianship and administration functions of QCAT include:

• Consider applications for appointment of guardians and/or administrators
• Appoint guardians and administrators and review their appointments
• Make declarations about the capacity of an adult
• Provide directions or advice in relation to guardians and administrators, enduring powers of attorney, attorneys and related matters
• Ratify an actual or proposed action for an adult by an informal decision maker
• Consent to certain types of special health care for the adult
• Register orders of a similar type (i.e. guardianship and administration orders) made outside of Queensland
• Review a matter in which a decision has been made by the Registrar of QCAT.

Find more information about the role of QCAT in guardianship and administration matters.

The Public Guardian is an independent statutory officer responsible for protecting the rights and interests of adults with impaired capacity. The Public Guardian can offer support and advice to attorneys and supervise an attorney if there is any concern about how the attorney is performing their role.

The Public Guardian protects adults who have impaired capacity from neglect, exploitation and abuse. It can investigate complaints and allegations about actions by an attorney, guardian or administrator, or another person acting or purporting to act under an enduring power of attorney. The Public Guardian can mediate between attorneys, guardians or administrators and others if there is a dispute.

As a result of an investigation, the Public Guardian can suspend the powers of any attorney if suspected to have acted in an inappropriate manner placing an adult with impaired capacity at personal or financial risk.

The Queensland Civil and Administrative Tribunal can also appoint the Public Guardian as guardian if there is no other appropriate person available for appointment as a guardian.

Find out more information about the role of the Public Guardian.

The Guardianship and Administration Act 2000 establishes the role and functions of the Public Advocate. The Public Advocate's role is systemic advocacy. The Public Advocate works on behalf of adults with impaired decision-making capacity to:

• promote and protect their rights, including protecting them from neglect, exploitation and abuse
• encourage the development of services and programs to help them reach the greatest degree of autonomy, and
• promote, monitor and review the provision of services to them.

The Public Advocate may intervene in a proceeding before a court, tribunal or in an official inquiry. However, this intervention requires the leave of the court, tribunal or person in charge of the inquiry and is subject to the terms imposed by those bodies.

Find out more information about the role of the Public Advocate.

Financial elder abuse is the misuse or theft of an older person’s money or assets.

Some examples of financial elder abuse include:

• forcing an elderly person to sign over their property or assets
• misusing or taking an elderly person’s money or credit cards
• using undue influence or deception to change the terms of an elderly person’s Will or enduring power of attorney
• forging an elderly person’s signature.

If you suspect that someone may be experiencing financial elder abuse, you can contact the Public Guardian who may conduct an investigation. If you witness violence or are worried that an older person is at risk of physical harm, you should call the Police.

Find out more about elder abuse.

Trustee organisations acting as an administrator do charge fees for this service. You can find out more about our fees and charges for the services we provide as an administrator. If you are an individual, you cannot charge for your services or your time, but you can be reimbursed for any reasonable expenses you incur for the person. For example, you may pay a telephone bill for the person from your own funds, and you would be entitled to be reimbursed for paying that telephone bill.

An administrator does not manage the funding provided for support under the NDIS because these are not part of someone’s personal funds. An administrator may need to understand what funding is provided to the person when considering a budget and the payment of expenses. The administrator may consult with the person and their supports to better understand funding arrangements. Read more information about the NDIS.

Queensland’s participation in this national scheme means that people who have experienced institutional child sexual abuse may be eligible to gain access to counselling, a direct personal response and a redress payment. If a person has an administrator appointed for them, the administrator may need to manage any redress payments from the scheme. An administrator may consider contacting the National Redress Scheme if they become aware that the person they act for has made an application for a redress payment.

Find out more about the scheme or phone the National Redress Scheme on 1800 737 377.

The following resources are available to provide additional information about the scheme.

• What you need to know about the National Redress Scheme and support to apply
• Support for Aboriginal and Torres Strait Islander peoples to apply to the National Redress Scheme

There is other support available for people who have experienced child sexual abuse in institutional settings including:

• Lotus Place: A dedicated support service and resource centre for Forgotten Australians—phone (07) 3347 8500
• CLAN: A national support and advocacy service for Forgotten Australians—phone 1800 008 774
• Knowmore: For people considering their options, free legal advice and information about the justice or redress pathways available to survivors of institutional child sexual abuse—phone 1800 605 762.

Immediate assistance is available through:

• Lifeline: phone 13 11 14
• 1800 Respect: phone 1800 737 732
• MensLine Australia: phone 1300 789 978.

The appointment of an administrator can be reviewed by the Queensland Civil and Administrative Tribunal. At the review hearing, QCAT can decide that either:

• the current appointee will continue as administrator
• a different person should be appointed as administrator
• the adult does not need an administrator anymore.

If you have an administrator appointed, you can ask QCAT to have a hearing and review the administrator’s appointment. To get the review process started, you will need to fill out the application for administration/guardianship appointment or review. Find out more about this process.

You can ask our team for information about what you can do to have our appointment reviewed. We can refer you to a service that can support and assist you through the process.

Find out more information about administrators—financial decisions.

An administrator must keep reasonable records of their financial decisions and actions. These records may include receipts, financial advice and financial statements. An administrator may be required to produce these records to QCAT.

Yes. QCAT can appoint more than one administrator.

A private administrator is an individual acting as an administrator appointed by the Queensland Civil and Administrative Tribunal. Private administrators must keep detailed administration accounts on behalf of a person with impaired capacity. This means keeping full details and records of the person’s assets (what they own), liabilities (what they owe), income (what they earn) and expenses (what they spend).

Private administrators may be required to provide an account of their administration to QCAT. Dependent upon the value of the person’s assets, the administrator may need to send the accounts of administration for examination to a panel member approved by QCAT. Queensland Public Trustee is an approved examiner. For more information about this service, you can phone us on 1300 360 044 (free call) or (07) 3564 2148.

For more information about who is an approved examiner, visit QCAT or contact them on 1300 753 228.

Investment options are tailored to the individual circumstances of the customer, and we obtain independent financial advice to aid these decisions. One option will be the Queensland Public Trustee Growth Trust. This investment fund provides a fully diversified investment strategy for those seeking long-term income and capital growth. Find out more details on the Growth Trust and other investment information.

Customers or their support network can make an application to QCAT for a review of the appointment of Queensland Public Trustee as the administrator.  QCAT can then consider whether it is necessary to continue with our appointment or whether someone else could be appointed as the administrator. A customer can also make an application with QCAT for a declaration about capacity. QCAT will then consider the capacity of the customer to administer their financial matters. A customer will need to lodge medical evidence to support their application.

For further information about applying to QCAT, please contact one of our team. We will be able to provide information about what you can do to have our appointment reviewed or to seek a declaration about capacity. We can talk to our customers about our Financial Independence Pathway program, if appropriate, or we can refer our customers to an independent service that can support and assist them through the QCAT process. You can also have a look at the information on the QCAT website.

A customer can contact us, and one of our team members can provide this information to the customer. We will send the customer statements periodically so they will be able to see how much money they have and the transactions that occurred in the previous period.

A customer can download an application form from the National Redress Scheme, and it can be sent directly to them. The customer can have support services such as Knowmore (a free legal service) or Lotus Place assist them with completing and lodging the application.

Alternatively, the customer can contact the National Redress Scheme Unit at Queensland Public Trustee on 1300 362 537 for assistance.

Find out more about the scheme or phone the National Redress Scheme on 1800 737 377. The following resources are available to provide additional information about the Scheme.

There is other support available for people who have experienced child sexual abuse in institutional settings including:

Lotus Place, a dedicated support service and resource centre for Forgotten Australians—phone (07) 3347 8500.

CLAN, a national support and advocacy service for Forgotten Australians. Phone 1800 008 774.

Knowmore, for people considering their options, free legal advice and information about the justice or redress pathways available to survivors of institutional child sexual abuse—Phone 1800 605 762.

If immediate assistance is required, 24-hour assistance is available through:

Lifeline—phone 13 11 14
1800Respect—phone 1800 737 732
MensLine Australia—phone 1300 789 978

A QCAT examiner is someone who examines private administrators’ accounts. This is a service provided by Queensland Public Trustee.

Upon completing the examination of accounts, a report is prepared and submitted to QCAT. An invoice for payment of Queensland Public Trustee's fee for the service is sent to the private administrator for payment from the person’s funds. Should you select Queensland Public Trustee as your preferred examiner, accounts are to be submitted on the approved forms and forwarded to:

Public Trustee of Queensland Administration Accounts Assistance
GPO Box 1449
BRISBANE QLD 4001

If you have other questions about this service, you can phone us on 1300 360 044 (free call) or (07) 3564 2148.