CJP - [2013] QCAT 663

CITATION:

CJP [2013] QCAT 663

PARTIES:

CJP

APPLICATION NUMBER:

GAA237-13; GAA238-13; GAA290-13; GAA8051-13; GAA8052-13; GAA8070-13; GAA8071-13

MATTER TYPE:

Guardianship and administration matters for adults

HEARING DATE:

19 September 2013

HEARD AT:

Southport

DECISION OF:

Presiding Member Casey
Member Jarro

DELIVERED ON:

19 September 2013

DELIVERED AT:

Southport

ORDERS MADE:

DECLARATION ABOUT CAPACITY

1. The application for a declaration about the capacity of CJP is dismissed pursuant to s 47 of the Queensland Civil and Administrative Tribunal Act 2009.

GUARDIANSHIP

2. The Adult Guardian is appointed as guardian for CPJ for decisions about the following personal matters:

(a) Accommodation;

(b) With whom CPJ has contact and/or visits;

(c) Health care;

(d) Provision of services.

3. This appointment remains current until further order of the Tribunal. The appointment is reviewable and is to be reviewed in three (3) years.

ADMINISTRATION

4. The Public Trustee of Queensland is appointed as administrator for CPJ for all financial matters.

5. The Tribunal dispenses with the requirement for the administrator to provide a financial management plan.

6. The Tribunal directs the administrator to provide accounts to the Tribunal when requested.

7. This appointment remains current until further order of the Tribunal. This appointment is reviewable and is to be reviewed in three (3) years.

NOTICE OF INTEREST IN LAND

8. That before 19 December 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.

9. 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.

ENDURING POWER OF ATTORNEY

10. The following Enduring Power of Attorney for CPJ is overtaken by the making of these appointments and, in accordance with s 22(2) of the Guardianship and Administration Act 2000 can no longer be acted upon to the extent that these appointments have been made:

(a) The Enduring Power of Attorney dated 21 December 2012 appointing FJ and FP as attorneys for financial matters.

CATCHWORDS:

Guardianship and administration matters for adults - Capacity of adult – validity of enduring power of attorney – overtaking of enduring power of attorney – need for guardian and administrator – appropriateness of appointees

Powers of Attorney Act 1998
Guardianship and Administration Act 2000

APPEARANCES and REPRESENTATION (if any):

The following parties attended the hearing:

CJP adult…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading CJP

Details

AGLC: CJP [2013] QCAT 663
Case: [2013] QCAT 663
Decision Date

CaseChat Overview and Summary

The matter involved CJP, an 86-year-old returned serviceman, and several applicants including his friend FJ, son CS, and niece WL, who sought to be appointed as his guardian and/or administrator. The applicants raised concerns about CJP's capacity to make personal and financial decisions. The legal issues before the Tribunal were whether CJP had capacity, whether a guardian and/or administrator should be appointed, and if so, who would be the most appropriate appointees.

The Tribunal considered medical evidence and submissions from the parties. The evidence indicated CJP's cognitive functioning was impaired at times, though some doctors concluded he had capacity. However, CJP's oral evidence demonstrated he did not understand his complex personal and financial circumstances, and he was vulnerable to influence. The Tribunal found the medical evidence was not specific enough and placed greater weight on CJP's own evidence, concluding he lacked capacity.

The Tribunal found there was a need for a guardian to make decisions regarding CJP's accommodation, healthcare, and contact with others. However, none of the proposed guardians from CJP's family and friends were deemed appropriate due to conflicts of interest and poor communication. The Adult Guardian was appointed as guardian.

Regarding administration, the Tribunal found CJP's financial matters required management. While CJP had appointed attorneys, the Tribunal found they had conflicts of interest and could not effectively liaise with stakeholders. The Public Trustee of Queensland was appointed as administrator.

The Enduring Power of Attorney was overtaken and could no longer be acted upon. Orders were made appointing the Adult Guardian as guardian and the Public Trustee of Queensland as administrator for CJP.

Orders