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Administration

1. What is an administrator
2. What powers does an administrator have?
3. What responsibilities do administrators have?
4. What are the duties of an administrator?
5. What type of decisions can an administrator make?
6. What rights do administrators have to seek information on behalf of the adult?
7. Who is eligible to be appointed as an administrator?
8. Can more than one administrator be appointed for the adult?
9. Who can apply to the Tribunal for the appointment of an administrator?
10. How does the Tribunal decide whether someone is suitable to be appointed as an administrator?
11. How do I apply?
12. What do I need to consider when making an application for administration?
13. What happens if the appointment is urgent?
14. How long can an administrator be appointed?
15. Is there anything that an administrator cannot be given the authority to do?
16. Do administrators have the right to be paid?
17. What happens if there is a disagreement between guardians and/or administrators?
18. Can an appointment of an administrator be revoked automatically?
19. What are the grounds for the Tribunal to remove an administrator?
20. What happens if an administrator fails to act in accordance with the General Principles?
21. Do professional administrators or trustees charge fees to manage finances?
22. Do professional administrators and private trustee companies have similar responsibilities and duties?

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An administrator is a person legally appointed by the Tribunal  to assist adults with impaired decision-making capacity make financial and some legal decisions to ensure that the adult’s needs are met and that their financial interests are protected.

An administrator has the power to make decisions on behalf of an adult with impaired decision-making capacity that relate to financial matters, rather than personal, health care and lifestyle matters, to ensure that the adult’s needs are met and that their interests are protected.  Unless the Tribunal orders otherwise, an administrator can make decisions on behalf of the adult that the adult would have made on their own if they had the capacity to do so.

However, adults who can communicate their views and wishes should have those views and wishes taken into account in decisions about their personal, lifestyle and/or financial matters.   

The Tribunal may set limits on the types of decisions that an administrator can make.  This means that sometimes administrators may only be appointed for specific decisions rather than for all decisions.

Administrators have the responsibility to abide by the general principles as set out in the Act.

The Act sets out a number of duties for administrators.  They include the duty to:

• act honestly and with reasonable diligence
• act as required by the terms of the Tribunal’s order
• avoid any transactions that could be in conflict with the interests of the adult unless authorised by the Tribunal.

Administrators must also:  

• keep detailed records of dealings and transactions made on behalf of the adult
• provide the Tribunal with a management plan for the adult’s financial affairs when a proposed appointment as an administrator is being considered 
• submit accounts when requested
• keep the administrator’s property separate from the adult’s property. 
  

If there are two or more administrators they have a duty to:

• act jointly unless the Tribunal orders otherwise;  and
• consult with the other guardians regularly to ensure that the adult’s interests are not prejudiced by a breakdown of communication.

The Guardianship and Administration Act 2000 (the Act) assumes that every person can make decisions on their own.  Before the Tribunal can appoint an administrator, they must be satisfied that the adult cannot make decisions independently, there is a need for decisions to be made or that the adult is likely to do something that involves a risk to their property or finances.

Generally, administrators are given the authority to make decisions on behalf of the adult about financial matters such as:

• buying or selling property
• maintaining property
• paying bills
• making business decisions (such as carrying on a business owned by the adult)
• managing investments.

An adult’s capacity to make decisions may differ according to the nature and extent of any impairment, the type of decision to be made and the complexity of the decision.  This means that sometimes administrators are only appointed for specific decisions rather than for all decisions.

Administrators with responsibility for a certain matter have a right to access all the information that the adult would have been entitled to when making a decision about the same matter.  It is part of the role of an administrator to seek the information necessary to make a sound decision.

Administrators are usually family members or close friends of the adult.  An administrator must be over 18 years of age but not a paid carer. (A paid carer performs services for the adult’s care and receives remuneration other than a carer payment or benefit from the Commonwealth or State Government). 

Sometimes there is no one close to the adult who is willing to accept the responsibility or there is dispute about who should act as an administrator or concern about the suitability or competence of a proposed administrator.  In these situations, the Tribunal may appoint The Public Trustee of Queensland or a private trustee company to act on the adult’s behalf.

Yes.  The Tribunal has several options available to it, including:

• appointing a single administrator to make decisions either on all matters or on a specified matter only (such as managing the adult’s investments or selling the family home)
• appointing more than one administrator and giving each administrator specific decision-making authority, that is, each administrator has the authority to make decisions on a different matter, as specified in the Tribunal’s order; or
• appointing two or more administrators to act jointly (i.e., the co-appointees must make decisions together) or to act jointly and severally (i.e., two people appointed as administrator but each administrator can act separately on behalf of the adult). 

Anyone who has a genuine and continuing interest in the welfare of an adult with impaired decision-making capacity can apply to the Tribunal, such as, family members, close friends and professionals. Adults with impaired decision-making capacity can also apply to the Tribunal on their own behalf.

The Tribunal considers "appropriateness considerations" and competence as stated in the Act.  These considerations require that the person chosen as administrator be someone:

• who respects the decision-making principles laid down in the Act which state that the adult must be given every opportunity to make decisions to the full extent of their capacity
• whose interests are unlikely to conflict with those of the adult
• whose outlook, cultural background and method of communication are compatible with those of the adult
• who is similarly compatible with anyone else appointed as administrator
• who is available to act as administrator and accessible to the adult
• who has the competence to carry out the functions and exercise the powers of an administrator
• who is willing to act in accordance with the duties of an administrator as set out in the Act
• who has given a financial management plan to the Tribunal for approval.

Telephone or email (guardianship@justice.qld.gov.au) the Tribunal Registry and request that an application kit be mailed or faxed to you or download and print the application kit.  

Before you submit the application, you need to check whether the adult concerned has given anyone power under an enduring document such as an Enduring Power of Attorney or an Advance Health Directive and you should advise the person appointed by the adult under the enduring document about what you intend to do.

When the application form is completed, you need to lodge it with the Tribunal Registry via post or fax and attach supporting documents such as reports from health professionals and other information that demonstrates that there is a specific need for an appointment.

There is no cost associated with making an application. However, there are costs incurred by parties if they participate in hearings by telephone or videoconference and a Tribunal Officer can advise of the costs involved.

You must be able to demonstrate to the Tribunal that there is a specific need for such an appointment and that the existing arrangements for decision-making are inadequate.  You should: 

• notify the adult about what you intend to do
• contact the Tribunal Registry to obtain an application form, complete it and return it
• attach copies of a health professional’s report as evidence of the adult’s impaired decision-making capacity
• check whether the adult has given anyone enduring power of attorney for financial matters and, if so, list name/s and contact details
• give the names and contact details of anyone else involved in the life of the adult who has an interest in the application even if that interest is for a decision contrary to the one sought by you as the applicant
• if you are proposing someone else as administrator you must ask the person you have nominated to sign the statutory declaration in the application form unless you are proposing The Public Trustee of Queensland.

If an appointment needs to be made urgently, the Tribunal can make an interim order without a hearing and then conduct a formal hearing at a later date.  Interim orders can be made for up to three months.  Interim orders are only made in exceptional circumstances.

The Tribunal can appoint a private administrator for a period of time that it considers appropriate.  This can be up to five years.  The Public Trustee of Queensland or a trustee company can be appointed indefinitely. 

Administrators are not permitted to make decisions about personal, health care or lifestyle matters unless they have also been appointed as guardian for the adult or as attorney for personal matters under an enduring power of attorney. 

If appointed as an administrator, you are entitled to reimbursement from the adult for any reasonable expenses incurred while acting as an administrator.  However, you may not be paid for your services.  For example, if you drive an adult to the shops, you are entitled to reimbursement for your motor vehicle costs such as petrol but you cannot charge them for the time it takes you to drive them there.

Disputes or disagreements between guardians, administrators or attorneys can be referred to the Office of the Adult Guardian and settled through mediation by the Adult Guardian.  If mediation fails to resolve a disagreement about a health matter, the Adult Guardian has the authority to make the decision but must advise the Tribunal of the details of the decision made.  If the dispute cannot be resolved by mediation, you can apply to the Tribunal. 

Yes.  An appointment as an administrator will end if:

• the administrator becomes a paid carer or health provider for the adult
• the administrator was married to the adult when the appointment was made and the marriage is dissolved
• the administrator dies
• the adult dies
• the administrator becomes bankrupt.

Administrators can be removed when:

• the adult’s needs have not been met as required by the order
• the appointee has neglected their duties or abused their decision-making authority, either generally or in relation to a specific matter
• the appointee has otherwise contravened the Guardianship and Administration Act 2000
• a need for an administrator no longer exists
• the appointee is no longer competent to act as a decision maker
• another person is more appropriate for appointment
• they no longer wish to act.
  

If someone suspects that an administrator is acting contrary to the general principles they can contact the Office of the Adult Guardian and lodge a complaint.  The Adult Guardian has the power to investigate complaints about the actions of an administrator and the Tribunal can suspend for a three month period the operation of the powers of an administrator to allow an application to come before the Tribunal.  If an administrator is suspended The Public Trustee of Queensland is automatically appointed for the period of the suspension. 

Yes.  There are fees and charges associated with the management services provided by professional administrators.  For information about fees and charges, you should obtain an estimate of fees from a professional administrator, The Public Trustee of Queensland or a trustee company.

Yes.  All administrators appointed by the Tribunal have similar responsibilities and duties.  This means that they must:

• ensure that the adult is treated as an individual and that their financial affairs are managed in a way that is designed to best meet their needs
• encourage the participation of the adult, the adult’s family and other key people in planning and decision-making
• take into account the adult’s current financial resources and long-term requirements
• promote the adult’s independence and quality of life
• be accountable for their practices and procedures.

Last updated 10/4/2007

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