CM

CITATION: CM [2011] QCAT 693

PARTIES: CM

APPLICATION NUMBER: GAA7239-11 / GAA7240-11

MATTER TYPE: Guardianship and administration matters for adults

HEARING DATE: 21 December 2011

HEARD AT: Brisbane

DECISION OF: Pam Goodman, Member

DELIVERED ON: 21 December 2011

DELIVERED AT: Brisbane

ORDERS MADE: The Tribunal advises the Administrator that funds should not be released to CM for the purpose of engaging legal representation for CM to investigate allegations raised against The Public Trustee of Queensland or the Adult Guardian while appointed as substituted decision makers for CM.

CATCHWORDS:

ADMINISTRATION – where advice and recommendations sought by administrator for adult with impaired capacity – where allegations made that appointed decision makers had failed to discharge their duties appropriately – where Administrator was asked to release funds so legal advice could be sought as to possible legal action against appointed decision makers – where determination already made that appointed decision makers had acted appropriately

Guardianship and Administration Act 2000, s 138

APPEARANCES and REPRESENTATION (if any):

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

REASONS FOR DECISION

THE APPLICATION

[1]    On 9 September 2011 the Queensland Civil and Administrative Tribunal (QCAT) received an application from The Public Trustee of Queensland seeking advice and recommendations in relation to this matter.

[2]    The Public Trustee of Queensland had been appointed as administrator for Mr CM over various periods but most recently on 18 June 2010.  That appointment remains in place.  Reasons for that decision were provided in writing by QCAT on 9 July 2010.[1]

[1]        CDM [2010] QCAT 317.

[3]    The Public Trustee of Queensland now seeks a determination from QCAT as to whether some of CM’s funds should be released in order that a solicitor might be engaged to advise CM whether he has a right of action against the Public Trustee of Queensland and / or the Adult Guardian, who was previously appointed to act as CM’s guardian. 

THE RELEVANT LAW

[4]    I have had regard to the provisions of the Queensland Civil and Administrative Tribunal Act2009 (the QCAT Act), and the Guardianship and Administration Act2000 (the GAA Act).

[5]    The GAA Act establishes a scheme whereby substituted decision makers may be appointed by this Tribunal (and previously by the Guardianship and Administration Tribunal) in circumstances set out in s 12 of that Act.  Section 12 provides that the Tribunal may appoint a guardian or an administrator if it is satisfied that:

(a)the adult has impaired capacity for the matter; and

(b)there is a need for a decision in relation to the matter or the adult is likely to do something in relation to the matter that involves, or is likely to involve, unreasonable risk to the adult’s health, welfare or property; and

(c)without an appointment—

(i)    the adult’s needs will not be adequately met; or

(ii)  the adult’s interests will not be adequately protected.

[6]    The Act allows QCAT, in particular…