CI

[2019] QCAT 90

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

CI [2019] QCAT 90

PARTIES:

In an application about a matter concerning CI

APPLICATION NO/S:

GAA14722-18

MATTER TYPE:

Guardianship and administration matters for adults

DELIVERED ON:

2 April 2019

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member Allen

ORDERS:

The application for an interim order by VMD is dismissed.

CATCHWORDS:

HEALTH LAW – GUARDIANSHIP, MANAGEMENT AND ADMINISTRATION OF PROPERTY OF PERSONS WITH IMPAIRED CAPACITY – OTHER MATTERS – where application for guardianship and administration – where application for interim order – whether adult at immediate risk of harm

Guardianship and Administration Act 2000 (Qld), s 129

APPEARANCES:

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld).

REASONS FOR DECISION

1. DMV made application to the Tribunal to be appointed as guardian and administrator for CI and also for an interim order. CI had a diagnosis of Parkinson’s disease and dementia and her husband CT was her primary carer, with assistance from Blue Care. CT died and unexpectedly and DMV was one of CI’s few relatives who was able to assist her. DMV has, according to the affidavit filed by her in the application, been able to arrange for CI to reside in an aged care facility on an interim basis, with payment from the bank account CI jointly held with CT and to have the lease in regard to the premises CI occupied with CT from the Department of Housing terminated.

2. DMV has been able to cancel some services such as, Foxtel, which are paid by direct debit and also has been paying for CI’s chemist expenses of approximately $250.00 per month. CI’s household contents have been moved to DMV’s place of residence, with some of the contents at another relatives. There was an issue about changing the insurance as DMV was not formally appointed. There were also issues raised about dealing with CT’s life insurance and changing bank accounts.

3. The Tribunal may make an interim order in accordance with s 129 of the Guardianship and Administration Act 2000 (Qld), where an adult is at immediate risk of harm in regard to their health, welfare or property.

4. DMV has been able to act informally to protect CI’s interests and while there are some matters that can’t be attended to without a formal appointment, I am not satisfied that they represent an immediate risk of harm to CI.

5. The application for an interim order by DMV is dismissed.