Changes to guardianship laws and forms
On 30 November 2020 important changes will be made to the law underpinning Queensland’s guardianship system.
These changes will result in:
- improvements to the efficiency of Queensland’s guardianship system
- stronger safeguards for adults with impaired capacity
- stronger protections against elder financial abuse and exploitation
- a more modern human rights focus to guardianship in Queensland.
The changes will also include:
- a statutory exemption for ademption (where property is gifted in a person’s will but is sold before their death by their attorney or administrator) to ensure that the person’s wishes are fulfilled despite the sale or any other dealing with that property after the person loses capacity
- an expansion of the jurisdiction of QCAT to allow the appointment of administrators for missing persons.
The changes implement a number of recommendations from the Queensland Law Reform Commission's report, A Review of Queensland’s Guardianship Laws.
The changes will be made to Queensland’s guardianship laws according to the Guardianship and Administration and Other Legislation Amendment Act 2019. They impact the:
- Guardianship and Administration Act 2000
- Powers of Attorney Act 1998
- Public Guardian Act 2014.
More details about the changes will be provided in the coming months.
New enduring power of attorney and advance health directive forms will be made under the Powers of Attorney Act 1998 to replace existing versions of these forms that have been in place for more than 16 years.
The new forms will:
- reflect legislative changes under the Amendment Act
- be simpler and more user friendly, following a review by a range of stakeholders.
New explanatory guides will inform users how to complete these forms.
The new forms should be used to make these documents from 30 November 2020.
Guidelines for assessing capacity
The reforms will also include new guidelines to help people who undertake assessments of an adult’s capacity under Queensland’s guardianship laws (Queensland capacity assessment guidelines).
- Guardianship and Administration and Other Legislation Amendment Act 2019
- Explanatory notes for the Amendment Bill