When persons are unable to manage their own legal or personal affairs due to cognitive issues (such as dementia or a brain injury), and there is no suitable enduring power of attorney in place, often it is necessary for an Administrator or Guardian to be appointed to make the financial and personal decisions.
Guardianship and Administration Disputes
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Guardianship and Administration Disputes
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What do they do?
An Administrator is authorised to make financial and legal decisions for a person. A Guardian is authorised to make personal (including health) decisions for a person. These positions can only be appointed by QCAT and only where the relevant person lacks the necessary mental faculties to make their own decisions.
However, once appointed, it’s not always smooth sailing.
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Common cause of disputes
The main causes of disputes that arise regarding Administrators or Guardians include:
- where decisions are made outside the scope of their powers;
- where decisions are made that are not in the best interests of the adult (such as by restricting visitations or minimising spending on health or daily needs).
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How we help you
We help solve concerns about the care of family or loved-ones with a cognitive disability in relation to guardianship and administration matters. This can include advising on:
- reviewing or disputing a decision of an Administrator or Guardian;
- negotiating a resolution with an Administrator or Guardian;
- having an Administrator or Guardian replaced;
- seeking financial compensation against the Administrator (eg. in cases of misuse of an adult’s funds);
- applying to QCAT or the Supreme Court.
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QCAT and the Supreme Court
On occasions, it is necessary to apply for relief from QCAT or the Supreme Court in relation to an Administrator or Guardian. This isn’t ideal as it can cause delays, a lot of angst and legal costs.
Our recommendation is usually to try avoid that type of action if it’s possible, such as through open communication and negotiation. However, there are times when it’s absolutely necessary to commence legal proceedings and we have plenty of experience successfully running such matters.
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Obligation-free appraisals, flexible fee options
We are pleased to offer a range of fee options depending on your circumstances, including deferred and no win no fee arrangements. Contact us for your free, 30-minute obligation free appraisal today.
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Plan your next move
If you have concerns about the care of a loved-one or would like advice about Powers of Attorney or guardianship and administration matters, contact our Team today.
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Meet our Estate Litigation team
Delivering tailored and personal legal solutions
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Don’t wait any longer to get the right advice
All of our lawyers are highly experienced in their area of law