BMR

[2011] QCAT 280

CITATION: BMR [2011] QCAT 280

PARTIES: BMR

APPLICATION NUMBER:   GAA3879-11

MATTER TYPE: Guardianship and administration matters for adults

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: C Endicott, Senior Member

DELIVERED ON: 7 June 2011

DELIVERED AT: Brisbane

ORDERS MADE:     

The Adult Guardian is appointed as guardian for accommodation, health care and service decisions for three months.

The Public Trustee of Queensland is appointed as administrator for all financial matters for three months.  

CATCHWORDS:

GUARDIANSHIP AND ADMINISTRATION – where adult at immediate risk of harm – where disagreement within support network over personal decisions to be made – where independent decision makers found to be more appropriate until hearing is held

Guardianship and Administration Act 2000, s 129

APPEARANCES and REPRESENTATION (if any):

The hearing took place on the papers in the absence of the parties in accordance with section 32 of the Queensland Civil and Administrative Tribunal Act 2009.

REASONS FOR DECISION

1. AB and RB lodged an application in the tribunal seeking the appointment of a guardian and administrator for their father, BMR who is in hospital.  The applicants proposed that they be appointed as the substitute decision makers for their father in their application. 

2. BMR has a partner, AG.  The applicants stated in their application that they had discussed the application with AG and she agreed with the application. 

3. The tribunal was provided with a medical report which stated that BMR had suffered a stroke on 13 May 2011 and that he was unable to make most decisions because of an acquired brain injury resulting from the stroke.  

4. The applicants sought an interim appointment of a guardian and administrator as they were concerned about the impact that non payment of mortgage instalments for his house would have and they were concerned about non payment of his other bills, including business expenses.  One of the applicants had taken over his business invoices and she needed access to his bank accounts for this purpose and to pay an employee of her father. 

5. On 30 May 2011 the applicants notified the tribunal that they no longer sought appointment as BMR’s administrator but they proposed the appointment of The Public Trustee of Queensland as the administrator for BMR. 

6. The tribunal gave notification to AG about the application for the appointment of a guardian and administrator.  A tribunal officer spoke to AG to gain her views about the application and about the request for an interim appointment.  She stated that she was distraught about the application as BMR’s daughters had taken over arrangements even though she and BMR had been partners for six months and had been together for two and a half years.  She stated that BMR’s daughters had had no contact with him for over two years before he became ill and that BMR had told her that there had been fights over money. 

7. AG expressed concern about some of the arrangements already made by BMR’s daughters.  AG stated that BMR does not want to move to Brisbane…