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Who can apply
Most adults with impaired decision-making capacity do not need a guardian or administrator appointed because their family, friends and support network help them make decisions. The Tribunal will only appoint a guardian and/or administrator when there is no other way to ensure that the adult’s interests are protected and that his/her needs are met.
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 exception however is in situations where a decision is required to be made in relation to containment or seclusion for an adult with an intellectual or cognitive disability who receives services provided or funded by DSQ (other than respite and/or community access services only). In these circumstances, applications can only be lodged by DSQ, or where the relevant service provider is a non government organisation, jointly by DSQ and the relevant service provider.
You should consider applying if:
- the adult's needs are not being met – for example, the adult is suffering from personal and/or financial abuse, neglect or exploitation
- disputes arise – for example, within a family or between the family and support services
- an agreement, such as a contract for the sale of property, needs to be signed by the adult, and no-one else is authorised to sign on the adult's behalf
- the adult is making or likely to make a decision that is detrimental to his/her health, welfare or financial interests.
If you are unsure, contact the Tribunal Registry for assistance.
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