BM

[2014] QCAT 634

CITATION: BM [2014] QCAT 634

PARTIES: BM

APPLICATION NUMBER: GAA6349–14

MATTER TYPE: Guardianship and administration matters for adults

HEARING DATE: 15 October 2014

HEARD AT: Townsville

DECISION OF: Member Johnston

DELIVERED ON: 7 November 2014

DELIVERED AT: Brisbane

ORDERS MADE:

1.    The appointment of RJ as Guardian for Mrs BM is revoked.

2.    The Examination of Accounts is adjourned to a date to be fixed.

CATCHWORDS: Conflict between family members

APPEARANCES:

WS - daughter

REASONS FOR DECISION

Background

1. Mrs BM lives at the RSL Nursing Home in Rose Bay Townsville.

2. There has been conflict between BM’s adult children about who should make decisions for her.

3. The Tribunal on 16 October 2013 appointed RJ as Guardian for one-year around service provision and BD as Administrator for three years.

4. The purpose of the review was to determine whether there is a need for the appointment of a Guardian and to ask the Administrator to provide more information in relation to her actions as Administrator.

WS

1. WS told the Tribunal that she did not think that there was any further need for a Guardian in relation to service provision. Her mother is well settled in the nursing home and has a good relationship with the staff.

2. WS told the Tribunal that it was the concern of herself and her younger sister DB that RJ was making health decisions without consulting her two sisters. She gave as an example that RJ had changed their mother's general practitioner without their input.

DB

1. DB in her submission to the Tribunal confirmed that she had not been consulted about the change in her mother's medical practitioner.

2. DB went on to point out that RJ had claimed in the Guardianship Plan that she had been appointed for the following matters: accommodation; health care; and provision of services. The Order of the Tribunal of 16 October 2013 only appointed her for the provision of services.

Discussion of evidence

1. The Tribunal accepts WS’s evidence that there is no longer a need for a Guardian around service provision. Her mother is well settled in the nursing home and her needs are being appropriately met.

2. The Tribunal accordingly revokes the Order appointing RJ as Guardian for service provision.

3. This is an issue regarding who should make health decisions. The Tribunal notes that RJ; DB; and WS each have an equal entitlement to make health decisions for their mother BM under section 63 of the Powers of Attorney Act 1998.

4. The Tribunal notes further that where there is more than one person so entitled to act as health attorneys then the attorneys should consult with each other before any decisions are made.

5. The Tribunal warns the health attorneys that where there is no consultation and where there is unresolved conflict the Tribunal can make a formal appointment for a Guardian for health matters.

Examination of accounts

1. The Tribunal had initiated a review at the request of the Financial Assessment Team of the accounts that had been provided by the Administrator. The purpose of the review was to ask the Administrator for further information in relation to some of the material furnished in the accounts. This review was not possible in the absence of the Administrator. WS indicated that her sister was not aware that she been asked to attend. The actual Notice of Hearing only refers to the Review of the appointment of Guardian. The Tribunal will accordingly adjourn this matter to a date to be fixed. The Tribunal will ask the Financial Assessment Team to write to the Administrator requesting further information. This matter will be relisted for hearing if the Financial Assessment Team does not receive back the information that it requires.