Queensland Consolidated Acts

GUARDIANSHIP AND ADMINISTRATION ACT 2000 - SECT 15

15 Appropriateness considerations

(1) In deciding whether a person is appropriate for appointment as a guardian or administrator for an adult, the tribunal must consider the following matters (
"appropriateness considerations" )—

(a) the general principles and whether the person is likely to apply them;

(b) if the appointment is for a health matter—the health care principles and whether the person is likely to apply the principles;

(c) the extent to which the adult’s and person’s interests are likely to conflict;

(d) whether the adult and person are compatible including, for example, whether the person has appropriate communication skills or appropriate cultural or social knowledge or experience, to be compatible with the adult;

(e) if more than 1 person is to be appointed—whether the persons are compatible;

(f) whether the person would be available and accessible to the adult;

(g) the person’s appropriateness and competence to perform functions and exercise powers under an appointment order, including whether the person has ever been a paid carer for the adult.

(2) The fact a person is a relation of the adult does not, of itself, mean the adult’s and person’s interests are likely to conflict.

(3) Also, the fact a person may be a beneficiary of the adult’s estate on the adult’s death does not, of itself, mean the adult’s and person’s interests are likely to conflict.

(4) In considering the person’s appropriateness and competence, the tribunal must have regard to the following—

(a) the nature and circumstances of any criminal history, whether in Queensland or elsewhere, of the person including the likelihood the commission of any offence in the criminal history may adversely affect the adult;

(b) the nature and circumstances of any refusal of, or removal from, appointment, whether in Queensland or elsewhere, as a guardian, administrator, attorney or other person making a decision for someone else;

(c) if the proposed appointment is of an administrator and the person is an individual—

(i) the nature and circumstances of the person having been a bankrupt or taking advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction; and

(ii) the nature and circumstances of a proposed, current or previous arrangement with the person’s creditors under the Bankruptcy Act 1966 (Cwlth) , part 10 or a similar law of a foreign jurisdiction; and

(iii) the nature and circumstances of a proposed, current or previous external administration of a corporation, partnership or other entity of which the person is or was a director, secretary or partner or in whose management, direction or control the person is or was involved.

(5) In this section—

"attorney" means—

(a) an attorney under a power of attorney; or

(b) an attorney under an advance health directive or similar document under the law of another jurisdiction.

"power of attorney" means—

(a) a general power of attorney made under the Powers of Attorney Act 1998 ; or

(b) an enduring power of attorney; or

(c) a power of attorney made otherwise than under the Powers of Attorney Act 1998 , whether before or after its commencement; or

(d) a similar document under the law of another jurisdiction.