CMN

[2009] QCAT 19

CITATION:  CMN [2009] QCAT 19

PARTIES: CMN

APPLICATION NUMBER:             GAA3206/09

MATTER TYPE: Guardianship and administration matters

HEARING DATE:   7 December 2009

HEARD AT:   Brisbane

DECISION OF: C Endicott, senior member

DELIVERED ON:   7 December 2009

DELIVERED AT:   Brisbane

ORDERS MADE:  Interim appointment of an administrator

CATCHWORDS :  Interim Order, need for the appointment of an administrator established, s.129 of the Guardianship and Administration Act 2000

APPEARANCES and REPRESENTATION (if any): heard on the papers

REASONS FOR DECISION

1. On 7 December 2009 an application for an interim order about CMN (the adult) was lodged by BP seeking the appointment of an administrator

2. Section 129 of the Act provides for the making of interim orders if the tribunal is satisfied, on reasonable grounds, there is an immediate risk of harm to the health, welfare or property of the adult concerned in an application, including because of the risk of abuse, exploitation or neglect of, or self-neglect by, the adult.

3. The tribunal may make an interim order in a proceeding without hearing and deciding the proceeding or otherwise complying with the requirements of the Act.  The maximum period that may be specified in an interim order is 3 months. 

1. The Tribunal considered the following evidence about CMN’s capacity:  In 2001 PJ and EA, guidance officers employed by Education Queensland, conducted an assessment of CMN’s cognitive skills.  As at 21 August 2001 the assessment revealed that CMN’s full scale IQ was 48 which was described as being within the intellectually impaired range.  As assessment of her adaptive skills was found to be at a level consistent with clinically significant impairment.  An assessment conducted on 23 July 2001 by MH, a speech pathologist, concluded that CMN had an intellectual impairment with difficulties with all aspects of expressive and receptive language and some minor speech difficulties.    

2. The following issue was raised as the basis for the interim order application:

·financial abuse is occurring

1. The Tribunal considered the following evidence about those issues:  CMN lives in supported accommodation with day to day lifestyle support provided by a services provider.  CMN has provided another person with access to CMN’s bank account.  Bank statements from that account reveal that over the period from 26 October 2009 to 16 November 2009 over $1,700 has been withdrawn form CMN’s account. The funds have not been used for the benefit of CMN.  As a result of those withdrawals, CMN’s savings in her bank account have been halved.  Concerns were raised that withdrawals will continue to be made until third party access to CMN’s bank account has been ceased.    

1. The Tribunal made the following findings of fact about those issues: CMN has been assessed as having an intellectual disability.  She receives support for day to day decisions.  The funds available for her financial support have been halved over a three week period as a result of another person accessing her bank account.  There is presently no means in place to cease access to CMN’s bank account by other people. 

1. On the basis of the information provided the Tribunal considers that the adult has impaired decision making capacity for the matter, and the Tribunal considers there is an immediate risk of harm to the adult’s health, welfare or property

CONCLUSION

1. The Tribunal determines that the need for an interim appointment of an administrator has been established

2. The Tribunal appoints The Public Trustee of Queensland as administrator for CMN for three months for all financial matters.  The administrator is required to provide a report to the Tribunal with an account of the actions taken as administrator no later than three working days prior to the hearing.