Hayley Mitchell, partner at CGW Lawyers, said that in Queensland this application would be made to the Queensland Civil and Administrative Tribunal.
“The type of application that you need to make to the tribunal is going to depend on the circumstances. If it is a question of a financial decision needing to be made for a person who has lost capacity, then the relevant application is for the appointment of an administrator,” Mitchell said.
“If it is a personal health decision that needs to be made, it is an application for the appointment of a guardian, or you might be making a combined application for the appointment of both of these positions.”
Mitchell said that if the matter is urgent, urgent interim orders can be sought from the tribunal.
“Making an urgent application means that the tribunal will look at the application much more quickly. But the effect of an interim order is it will only last for three months,” she said.
The tribunal will require a health professional report to be provided for any of these applications, even if it is an urgent application. This report can be completed by either a treating GP or a specialist doctor.
“What the tribunal needs to consider is really going to vary depending on the circumstances of the case, but at a minimum, the tribunal needs to satisfy themselves that the person has impaired capacity,” she said.
“There also needs to be a decision that has to be made for the adult, or a risk to their personal welfare or their property or assets.”
Mitchell said that the tribunal is designed and set up to be used by the public without necessarily engaging a lawyer. However, she warned that this is a fairly complex area of the law, so seeking legal advice before applying is always recommended.
