BC

[2010] QCAT 116

CITATION:      BC [2010] QCAT 116

PARTIES:   BC

APPLICATION NUMBER:            GAA3943-09

MATTER TYPE:   Guardianship and administration matters

HEARING DATE:   5 March 2010

HEARD AT:   Brisbane

DECISION OF:   C Endicott, senior member

DELIVERED ON:   5 March 2010

DELIVERED AT:   Brisbane

ORDERS MADE:   Application dismissed

CATCHWORDS: Early end to proceedings – section 47 Queensland Civil and Administrative Tribunal Act 2009 – application lacking substance

APPEARANCES and REPRESENTATION (if any):

The hearing took place on the papers in the absence of parties.

REASONS FOR DECISION

HISTORY OF THE APPLICATION

1. An application was made to the Guardianship and Administration Tribunal on 17 June 2009 by BC (the adult) seeking a declaration that he had capacity to make financial decisions.   

ISSUES AND THE LEGISLATION

1. From 1 December 2009 the Queensland Civil and Administrative Tribunal (the Tribunal) has replaced the Guardianship and Administration Tribunal. Section 47 of the Queensland Civil and Administrative Tribunal Act 2009 gives the Tribunal power to bring a proceeding to an early end if the Tribunal considers that an application is frivolous, vexatious or misconceived or is lacking in substance or is otherwise an abuse of process.

2. Section 5 of the Guardianship and Administration Act 2000 acknowledges that the right of an adult with impaired capacity to make decisions should be restricted and interfered with to the least possible extent. General Principle 1 in the Schedule to the Guardianship and Administration Act 2000 states that an adult is presumed to have capacity to make decisions and General Principle 7 requires the Tribunal to take into account the importance of preserving, to the greatest extent possible, an adult’s right to make his or her own decisions.

EVIDENCE

4. The presumption at law that BC had the capacity to make his own financial decisions had been rebutted at the time when an appointment of an administrator was made on 14 February 2006 but the Tribunal must consider afresh in this application whether he has decision making capacity in relation to his financial affairs. 
5. BC lodged a health professional’s report at the time he lodged his application for a declaration about his decision making capacity on 17 June 2009.  His treating psychiatrist, Dr Bruxner, reported that BC had been diagnosed with chronic schizoaffective disorder which was associated with substance abuse, that BC was subject to an involuntary treatment order and that BC was incapable of making financial decisions due to erratic and unrealistic spending and not being able to prioritise due to poor judgment.  Dr Bruxner expressed the opinion that BC was unable to make simple or complex decisions about his financial affairs due to his psychiatric disorder. 
6. A staff member from the registry of the Guardianship and Administration Tribunal wrote to BC by letters dated 27 July 2009 and 27 August 2009 informing him that the application had not been accompanied by a report by a medical health professional supporting the application for a declaration of capacity. 
7. On 1 September 2009 the Guardianship and Administration Tribunal received a further report from Dr Bruxner who again stated that BC had a diagnosis of chronic schizoaffective disorder associated with ongoing substance abuse, that BC was subject to an involuntary treatment order, that BC was unable to manage any sort of budget, that there was a continuing risk of impulsive and ill judged spending, and ongoing spending on illicit drugs.  Dr Bruxner restated his opinion that BC could not make simple or complex financial decisions due to his psychiatric disorder. 
8. BC was informed by letter from the Tribunal dated 18 January 2010 that the Tribunal would not proceed with his application unless medical evidence supporting the application was provided.  
9. No medical information has been provided in support of the application after the date of that letter. 

CONCLUSION

10. The Tribunal accepts the unchallenged evidence of Dr Bruxner and finds that BC has a chronic mental illness, he is under an involuntary treatment order in relation to his mental illness, he manifests impulsive, erratic and unrealistic spending, he has poor judgment and he has poor budgeting skills.  The Tribunal is satisfied that the evidence establishes that BC is unable to understand the consequences of decisions about his financial affairs.     
11. The Tribunal is satisfied that the evidence rebuts the presumption of capacity and is satisfied that BC continues to be unable to make his own decisions about his financial affairs. 
12. In view of those findings, the Tribunal considers that the application for a declaration of capacity is lacking in substance and under section 47 of the Queensland Civil and Administrative Tribunal Act 2009 the application should be dismissed.