A Guardian is a person appointed to make legally valid decisions on behalf of a person with a disability who is unable to make decisions on their own or without support.
A Guardian will usually be authorised to make decisions on behalf of another person in specific areas of a person’s life and for a certain length of time such as Accommodation, Service Provision, health care etc. A Guardian is only able to make decisions on a matter related to the area stated on the QCAT order.
Guardians can be appointed to make health and welfare decisions on behalf of the person. These might include decisions about where to live, what services to use, or to consider consenting to medical and dental treatment.
A Guardian cannot make decisions about financial matters.
A Guardian will work closely with Public trustee if there is one appointed at the time such as relocating to a new house or location, in this instance a Guardian will be required to make the decision and provide consent for the person to move, and Public Trust will be required to approve all financial aspects including lease agreements etc.
While a person is appointed a Guardian, they are welcome to co-sign documents however only the Guardian’s signature is legally binding for legal purposes.
When supporting a person who has a Guardian appointed it is important that all services involved are made aware of the Guardian appointment. This is especially important for health and medical professionals, in the event of an emergency, on arrival to hospital notify the nursing staff as they cannot administer some treatments without consent from the Guardian.
Some tasks the Guardian is responsible for:
- Liaising with all stakeholders and conducting stakeholder meetings.
- Signing all legal documentation regarding the Guardianship appointment.
- Choosing service providers.
- Ensuring human rights are upheld.
- Provide consent as required
What Guardians do NOT do:
- Arrange holidays.
- Schedule appointments.
- Provide transport.
- A Guardian cannot make decisions about financial matters.
- Provide service provision.
- Provide emergency support (there is a 24/7 health care support via phone as required for emergencies only).
- Provide direct support.
- Provide rostering.