Queensland Consolidated Acts

GUARDIANSHIP AND ADMINISTRATION ACT 2000 - SECT 26

26 Automatic revocation

(1) An appointment as a guardian or administrator for an adult for a matter ends if—

(a) the guardian or administrator becomes a paid carer, or health provider, for the adult; or

(b) the guardian or administrator becomes the service provider for a residential service where the adult is a resident; or

(c) if the guardian or administrator and the adult are married when the appointment is made—the marriage is dissolved; or

(d) if the guardian or administrator and the adult are in a civil partnership when the appointment is made—the civil partnership is terminated under the Civil Partnerships Act 2011 , part 2 , division 4 ; or

(e) the guardian or administrator dies; or

(f) the adult dies; or

(g) for a guardian for a restrictive practice matter under chapter 5B —the tribunal gives a containment or seclusion approval under chapter 5B in relation to the adult.

(2) Also, an appointment as an administrator ends if—

(a) the administrator becomes bankrupt or insolvent; or

(b) for an appointment made under section 12A for an adult—

(i) a coroner makes a finding under the Coroners Act 2003 that the adult has died; or

(ii) the court makes a declaration of death for the adult or grants a person leave to swear the death of the adult; or

(iii) the adult’s death is registered under the Births, Deaths and Marriages Registration Act 2023 .

(2A) If more than 1 event mentioned in subsection (2) (b) applies for the adult, the appointment ends on the happening of the earliest event for the adult.

(3) If an appointment as a guardian or administrator ends under subsection (1) (a) , (b) , (c) , (d) or (f) or subsection (2) , the former guardian or administrator must advise the tribunal in writing of the ending of the appointment.

(4) If an appointment as a guardian or administrator for a matter ends under subsection (1) or (2) and the guardian or administrator was a joint guardian or administrator for the matter—

(a) if, of the joint guardians or administrators, there is 1 remaining guardian or administrator, the remaining guardian or administrator may exercise power for the matter; and

(b) if, of the joint guardians or administrators, there are 2 or more remaining guardians or administrators, the remaining guardians or administrators may exercise power for the matter and, if exercising power, must exercise power jointly.

(5) In this section—

"resident" has the meaning given by the Residential Services (Accreditation) Act 2002 .

"residential service" has the meaning given by the Residential Services (Accreditation) Act 2002 .

"service provider" has the meaning given by the Residential Services (Accreditation) Act 2002 .