ARR - [2015] QCAT 383

CITATION:	ARR [2015] QCAT 383
PARTIES:	ARR
APPLICATION NUMBER:		GAA7858-15; GAA8633-15

MATTER TYPE:	Guardianship and administration matters for adults
HEARING DATE:	4 September 2015

HEARD AT:

Brisbane

DECISION OF:

Member Casey

DELIVERED ON:

14 September 2015

DELIVERED AT:

Brisbane

ORDERS MADE:

ADMINISTRATION

1. The Public Trustee of Queensland is appointed as administrator for ARR for all financial matters.

2. The administrator is to provide a financial management plan to the Tribunal within four (4) months.

3. The Tribunal directs the administrator to provide accounts to the Tribunal when requested.

4. This appointment of The Public Trustee of Queensland remains current until further order of the Tribunal.

NOTICE OF INTEREST IN LAND

5. That before 4 December 2015 the administrator must:

(a) Search the records of the Registrar of Titles to identify any property registered in the adult’s name.

(b) Give the registrar of titles a copy of this order and a notice to the registrar advising that any interest in property held by the adult is subject to this order.

(c) Give to the Tribunal:

(i) a copy of the “Lodgement Summary Form” from the Titles registry confirming the notice has been lodged for each property held by the adult; and

(ii) a copy of the current title searches.

6. If the ownership of any property of the adult changes in any way or the adult acquires an interest in another property the administrator must, within fourteen (14) days of such changes:

(a) give a copy of this order to the Registrar of Titles and

(b) give a notice to the Registrar about the changes or the adult’s interest in another property.

ENDURING POWER OF ATTORNEY

7. The following Enduring Power of Attorney for ARR is overtaken by the making of this appointment and, in accordance with s22(2) of the Guardianship and Administration Act 2000 can no longer be acted upon to the extent that this/these appointment has been made:

(a) The Enduring Power of Attorney dated 29 July 2005 appointing ARD and ARM as attorneys for financial matters.

CATCHWORDS:

Guardianship and administration matters for adults - capacity of adult - GAA Act - Enduring Power of Attorney – POA Act - where an adult is in a vulnerable situation in regard to financial exploitation

APPEARANCES and REPRESENTATION (if any):

The following parties attended the hearing via videoconference:

ARD husband of the adult
BS representative of the Public Trustee of Queensland

REASONS FOR DECISION

ARR (the adult) is a 61 year old woman who resides in a residential aged care facility in Brisbane.
On 27 May 2015 the Tribunal appointed the Public Trustee of Queensland as the adult’s administrator for all financial matters in response to the application from the Director of Nursing of the residential aged care facility in which the adult is accommodated. At the time of the administrator’s appointment the adult’s accommodation fees were in arrears by $63,000.
The Tribunal subsequently suspended the administrator’s appointment, on 10 August 2015, upon being notified by the administrator of the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading ARR

Details

AGLC: ARR [2015] QCAT 383
Case: [2015] QCAT 383
Decision Date: 14 September 2015

CaseChat Overview and Summary

The case involved the appointment of an administrator for ARR, an adult deemed vulnerable to financial exploitation. The application was made to the Queensland Civil and Administrative Tribunal, under the Guardianship and Administration Act 2000 and the Powers of Attorney Act 2014. The dispute centred on whether the Public Trustee of Queensland should be appointed as the administrator for ARR for all financial matters, given the vulnerability of ARR to potential exploitation. The application was made by a family member concerned about ARR's financial security and the risk of exploitation by others.

The court was required to determine whether the appointment of the Public Trustee of Queensland as the administrator for ARR was appropriate, considering ARR's vulnerability to financial exploitation. This involved assessing the capacity of ARR to manage their own financial affairs and the necessity of appointing an administrator to protect ARR's interests. The court also had to consider the implications of the appointment on any existing Enduring Power of Attorney.

In making its decision, the court found that ARR was indeed vulnerable to financial exploitation and lacked the capacity to manage their financial affairs effectively. The court concluded that appointing the Public Trustee of Queensland as the administrator was necessary to safeguard ARR's financial interests. The court also noted that the appointment of the Public Trustee would supersede any existing Enduring Power of Attorney for ARR. Consequently, the court ordered that the Public Trustee of Queensland be appointed as the administrator for ARR for all financial matters, and outlined specific tasks for the administrator, including the provision of a financial management plan and regular accounting to the Tribunal.

The final orders of the Tribunal included the appointment of the Public Trustee of Queensland as the administrator for ARR, with directives for the administrator to provide a financial management plan and regular accounts to the Tribunal. The orders also required the administrator to search for and notify the Registrar of Titles of any property held by ARR, and to update the Tribunal and the Registrar of Titles of any changes in property ownership or new acquisitions. Additionally, the existing Enduring Power of Attorney for ARR was deemed no longer effective in light of the appointment.

Orders

Orders of the court

ADMINISTRATION

1. The Public Trustee of Queensland is appointed as administrator for ARR for all financial matters.

2. The administrator is to provide a financial management plan to the Tribunal within four (4) months.

3. The Tribunal directs the administrator to provide accounts to the Tribunal when requested.

4. This appointment of The Public Trustee of Queensland remains current until further order of the Tribunal.

NOTICE OF INTEREST IN LAND

5. That before 4 December 2015 the administrator must:

(a) Search the records of the Registrar of Titles to identify any property registered in the adult’s name.

(b) Give the registrar of titles a copy of this order and a notice to the registrar advising that any interest in property held by the adult is subject to this order.

(i) a copy of the “Lodgement Summary Form” from the Titles registry confirming the notice has been lodged for each property held by the adult; and

(ii) a copy of the current title searches.

6. If the ownership of any property of the adult changes in any way or the adult acquires an interest in another property the administrator must, within fourteen (14) days of such changes:

(a) give a copy of this order to the Registrar of Titles and

(b) give a notice to the Registrar about the changes or the adult’s interest in another property.

ENDURING POWER OF ATTORNEY

7. The following Enduring Power of Attorney for ARR is overtaken by the making of this appointment and, in accordance with s22(2) of the Guardianship and Administration Act 2000 can no longer be acted upon to the extent that this/these appointment has been made:

(a) The Enduring Power of Attorney dated 29 July 2005 appointing ARD and ARM as attorneys for financial matters.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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