General principles and health care principles under Queensland’s guardianship framework

The general principles and the health care principles underpin Queensland’s guardianship framework and provide guidance to any person or entity performing a function or exercising a power under Queensland’s guardianship legislation (the Guardianship and Administration Act 2000 and the Powers of Attorney Act 1998).

When making decisions on behalf of an adult with impaired decision-making capacity, attorneys, guardians, administrators and statutory health attorneys must apply the general principles, and the health care principles (in relation to health matters). A person making a decision for an adult on an informal basis must also apply the general principles.

The Supreme Court and the Queensland Civil and Administrative Tribunal are also required to apply the general principles and health care principles, for example, when determining whether an adult has capacity for a matter or considering whether to appoint a guardian or administrator for a matter.