BJ
[2013] QCAT 462
•6 September 2013
| CITATION: | BJ [2013] QCAT 462 |
| PARTIES: | BJ |
| APPLICATION NUMBER: | GAA7165-13 |
| MATTER TYPE: | Guardianship and administration matters for adults |
| HEARING DATE: | 23 August 2013 |
| HEARD AT: | Brisbane |
| DECISION OF: | Patricia Hanly, A/Senior Member |
| DELIVERED ON: | 6 September 2013 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. The Tribunal is satisfied that urgent action is required. 2. The Tribunal, for the purposes of making this Interim Order, hereby dispenses with any or all of the procedural requirements of the Queensland Civil and Administrative Act 2009. GUARDIANSHIP 3. The application for an interim order in relation to guardianship is dismissed. ADMINISTRATION 4. The Public Trustee of Queensland is appointed administrator for JB for all financial matters. 5. The Tribunal directs the administrator to provide a written account of their actions as administrator to the Tribunal no later than three (3) working days prior to the hearing. 6. This administration appointment remains current for three (3) months or, if the Tribunal makes a further order in this matter, until the date of the further order, whichever is the sooner.
7. That before 20 September 2013 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. 8. 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. |
| CATCHWORDS: | GUARDIANSHIP AND ADMINISTRATION – where evidence adult had impaired capacity for complex financial decisions – where adult vulnerable to abuse – where immediate risk of harm established |
APPEARANCES and REPRESENTATION (if any):
This matter was heard and determined on the papers pursuant to section 32 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act).
REASONS FOR DECISION
BJ has significant assets. Until recently she has lived in New South Wales. BJ has four children, all of whom keep in constant contact with her. Three of the children live in New South Wales, and the fourth, SM, is reported to “move a lot”.
On 19 August 2013, one of BJ’s children, SP, made an application for the appointment of a guardian and an administrator for BJ. On 22 August 2013 SP made an application for an interim order.
Section 129 of the Guardianship and Administration Act 2000 enables QCAT to make an interim appointment of a guardian or administrator if the Tribunal is satisfied, on reasonable grounds, there is an immediate risk of harm to the health, welfare or property of an adult.
The Tribunal will only appoint a substitute decision maker without a hearing and without notice to an adult if it is satisfied that circumstances compel such action.
SP stated in the application for an interim order that BJ’s house had been sold and many of her possessions had either been given away or thrown out. Some expensive items were reported to have been given away to people not known to BJ. When SP asked BJ what was going on, BJ stated that she did not know, and to ask SM.
SP further stated that SM persuaded BJ to sell the house, and that no other member of the family was informed. Furthermore, two blocks of land owned by BJ were also placed on the market. As a result of the sale of the house, BJ now has approximately $800,000.00 in cash.
SM has moved BJ to Queensland, but has refused to disclose any information about BJ to the other family members. In particular, SM will not provide SP with a phone number for BJ. SP says that BJ requires a special phone to enable her to hear anyone calling her.
SP is concerned that BJ is vulnerable to financial exploitation. SM is reported to have been heard to say that she will be disposing of BJ’s money so that BJ will qualify for a pension.
The Tribunal was provided with a report dated 17 August 2013 from BJ’s GP of 4 years. He had last seen BJ on 23 July 2013. The GP expressed the view that BJ would be unable to make complex decisions about financial matters. He stated that otherwise BJ could make decisions for herself in all areas of her life.
As the evidence suggested that BJ’s house had been sold without notice to any family members, and some of her assets had been disposed of, with the potential for further disposal of monies to allow BJ to qualify for a Centrelink benefit, the Tribunal was satisfied that there was an immediate risk of harm to BJ’s property. The Tribunal was satisfied that it was appropriate to appoint the Pubic Trustee on an interim basis to immediately secure the assets of BJ, thereby preventing any unauthorised disposal of those assets.
In relation to guardianship, the Tribunal was not satisfied that there was an immediate risk of harm to the safety and well-being of BJ. There was no suggestion the SM would fail to care for BJ, although it was concerning that SM had refused to provide the family members with a telephone number for BJ. That is a matter that will be able to be canvassed at the hearing of the substantive application.
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