Adult Guardian v Hunt

SUPREME COURT OF QUEENSLAND

CITATION:

Adult Guardian v. Hunt [2003] QSC 297

PARTIES:

ADULT GUARDIAN
(appellant)
v.
FARNE STANLEY HUNT
(respondent)

FILE NO:

4828/03

DIVISION:

Trial

PROCEEDING:

Application

ORIGINATING COURT:

Supreme Court, Brisbane

DELIVERED ON:

12 September 2003

DELIVERED AT:

Brisbane

HEARING DATE:

1 September 2003

JUDGE:

Chesterman J

ORDER:

1. The appeal is dismissed

CATCHWORDS:

MENTAL HEALTH – GUARDIANS, COMMITTEES, ADMINISTRATORS, MANAGERS AND RECEIVERS – APPOINTMENT – the Adult Guardian – where Guardianship and Administration Tribunal made an order appointing the Public Trustee of Queensland as administrator to a patient -  appeal - where the appointment of the Adult Guardian to the patient is subsequently revoked

Guardianship and Administration Act 2000, s 2, s 12, s 14,
s 15, s 31

COUNSEL:

Mr S J Keim for the applicant

Respondent self-represented 

SOLICITORS:

Adult Guardian for the applicant

1. Dina Frame (“the patient”) is a patient at the Bethany Nursing Home in
   

   Norman Park.  She is a 60 year old woman who for the last seven years has suffered from diffuse Lewy disease with end stage severe dementia and marked uncontrollable rigidity.  The disease is progressive and terminal.  Her life expectancy is short and her condition is pitiable.  She is unaware of her surroundings, immobile, unable to communicate and totally dependent on others.  She can scarcely eat because of an impaired swallow reflex.  Feeding is risky because of the chance of aspiration.

1. The respondent lived with the patient as man and wife for about 13 years until her admission to the nursing home.  He cared for her in the early stages of her disease and had her admitted to the nursing home in 1999 only when his own ill health prevented him from continuing to do so.  They never married but appear to have been a devoted couple.  Certainly Mr Hunt’s devotion for the patient is obvious.

1. The patient was formerly married.  She has three adult daughters from that marriage, all of whom live in New Zealand.  She has one brother who lives in the United Kingdom. 

1. The respondent, who appeared for himself, is an intelligent and articulate man.  His concern for Ms Frame and, in particular, his desire that everything possible be done to make her comfortable and to prolong her life has brought him into conflict with those responsible for managing the nursing home.  They have, in the past, obviously found him irritating and demanding.  Attention seems to have focused upon the patient’s food intake.  Because of her particular physical disability she can only ingest limited types of food and in small quantities.  Ensuring she obtains enough nutrition is difficult and time consuming.  Mr Hunt has been critical that insufficient persistence and compassion have been exhibited in this endeavour.  He was concerned that the patient lost a considerable amount of her body weight.  The dispute has been resolved, really in his favour.  A new regime of feeding has been instituted which has resulted in some gain in weight. 

1. In July 2000 Mr Hunt complained to the ‘Aged Care Complaints…