ADA Australia

Guardianship Advocacy

If you are having difficulty with QCAT guardianship and administration matters, or Enduring Powers of Attorney (EPOA), we may be able to support you to ensure your voice is heard.

We support adults who may have impaired decision making capacity to resolve guardianship and administration issues that may be related to:

  • Their QCAT Administration and/or Guardianship orders that are not working
  • Supporting vulnerable people through QCAT tribunal hearings and applications.

We may be able to help if you:

  • Have an EPOA who you believe is not acting in your best interests
  • Would like to revoke or change your EPOA
  • Have people questioning your decision making capacity
  • Have a QCAT Tribunal hearing coming up and would like support.

ADA Australia’s guardianship team provides practical support to our clients, encouraging maximum participation to ensure their voice is heard. Our guardianship advocacy services are free, confidential, independent, and directed by the people we support. For culturally and linguistically diverse clients, an interpreter can be arranged where necessary.

Our guardianship team may be able to help you if:

  • Your decision making capacity is being questioned
  • Someone has made an application to QCAT about you, or you have a guardianship hearing at QCAT
  • You wish to review/change your guardianship or administration order
  • You wish to obtain a Declaration of Capacity to make your own decisions
  • You have trouble communicating with your decision makers (E.g. Public Trustee, Guardian)
  • Your EPOA is making decisions that you don’t agree with
  • You wish to change or revoke your EPOA
  • You have a substitute decision maker and you need support for your NDIS planning.

Our guardianship service

ADA Australia welcomes referrals from any interested parties, including the adult, family member, friend or service provider. Our Guardianship Team advocates only represent the interests of the adult for whom the guardianship or administration order relates to. The adult must agree to the engagement of an advocate and an ADA Australia advocate will contact them to gain a better understanding of their views and wishes to be presented at the tribunal. Our guardianship team prioritises each case to ensure those with the most immediate needs receive prompt assistance. As our advocates are not legal representatives, we cannot advise on legal matters. To find out if an advocate can assist you Contact Us.

Queensland Civil and Administrative Tribunal (QCAT)

ADA Australia’s guardianship advocates support adults whose decision making capacity is being questioned. Our guardianship team supports people facing QCAT hearings, and works directly with clients to empower them to exercise their rights. We assist clients to articulate their views, wishes and concerns at a tribunal hearing. Where required, our advocates attend tribunal hearings with the adult to support them, and ensure their views and wishes are heard in the proceedings. We give priority to clients who have a scheduled tribunal hearing. To find out if an advocate can assist you Contact Us.

You can download our factsheet on Applying for Guardianship Administration or Review Factsheet

For more information on QCAT and related forms, please go to our Guardianship Resources.

Enduring Power of Attorney (EPOA)

ADA Australia assists people in Queensland to address issues with their EPOA. We support people to better understand their rights, review their options, and make changes that reflect their wishes. We provide support and guidance, and educate our clients on the role of an EPOA.

Our Guardianship Team is able to support people with concerns such as:

  • Their EPOA is not consulting them about decisions;
  • Changing their EPOA;
  • The EPOA is making decisions but the adult believes they have the capacity to make their own decisions;
  • The adult has regained capacity to make their own decisions;
  • The EPOA wishes to resign.

For more information and EPOA forms, please go to our Guardianship Resources page.

Guardianship and administration matters can sometimes be confusing due to all the legal terminology used.  To learn more about some common terms used you can download our Glossary for Guardianship and Administration Matters.

NDIS

ADA Australia assists people, who have a substitute decision maker in place, and want independent advocacy support with their NDIS planning.

Our Guardianship Team supports people under the NDIS to:

  • Have a voice and exercise choice and control;
  • Employ independent advocacy for NDIS planning;
  • Communicate with decision makers.

Specialised support is available for Aboriginal and Torres Strait Islander people. This service is currently available in selected Queensland areas. Please contact us to find out more.

For more information on the NDIS and NDIA go to www.ndis.gov.au.