DLT

[2010] QCAT 99

CITATION:      DLT [2010] QCAT 99

PARTIES:   DLT

APPLICATION NUMBER:            GAA10425-09

MATTER TYPE:   Guardianship and administration matter

HEARING DATE:   22 January 2010

HEARD AT:   Brisbane

DECISION OF:   C Endicott, senior member

DELIVERED ON:   22 January 2010

DELIVERED AT:   Brisbane

ORDERS MADE:   Guardianship appointment revoked

CATCHWORDS: Review of appointment of guardian – section 31 of Guardianship and Administration Act 2000 – appointment revoked

APPEARANCES and REPRESENTATION (if any):

The hearing took place on the papers in the absence of the parties.

REASONS FOR DECISION

1. On 23 January 2009 the Guardianship and Administration Tribunal appointed the Adult Guardian as guardian for DLT (the adult). From 1 December 2009 the Queensland Civil and Administrative Tribunal has replaced the Guardianship and Administration Tribunal.   Orders made by the Guardianship and Administration Tribunal are taken to be orders of the Queensland Civil and Administrative Tribunal.

1. The appointment is being reviewed today on the basis of information on the Tribunal file. On 21 December 2009 notice of this review hearing was sent to the adult and to the persons to whom notice is required to be given by section 118 of the Guardianship and Administration Act 2000 (the Act). 

1. DLT is 35 years old and resides in temporary accommodation until her own accommodation is available.  She has a range of supports and services in place to assist her with some of her decision making.  

1. When conducting a review of an appointment of a guardian or administrator, the Tribunal must take into account section 31 of the Act which provides that the Tribunal must revoke its order making the appointment unless it is satisfied it would make an appointment if a new application for an appointment were to be made.

CAPACITY

1. The first matter to be considered by the Tribunal is whether DLT has capacity for decision-making about her matters.  There is a presumption at law that all adults have the capacity to make their own decisions.  That presumption had been rebutted at the time when the appointment under review was made but the Tribunal must consider afresh in this review whether the adult has decision making capacity or not.

1. In conducting a review, the Tribunal can have regard to the evidence about capacity that had been on the Tribunal’s file at the time of the appointment under review and as well can consider any recent evidence about the adult’s capacity to make decisions. 

1. The Act defines capacity as: “capacity”, for a person for a matter, means the person is capable of-

   (a)understanding the nature and effect of decisions about the matter; and

   (b)freely and voluntarily making decisions about the matter; and

   (c)communicating the decisions in some way.

1. The Tribunal considered the following evidence about capacity: medical evidence on the Tribunal’s files has established that DLT has chronic schizophrenia and a possible borderline personality disorder with a history of admissions to mental health units and being placed on an involuntary treatment order.  By 2009 DLT had improved in her functioning, was no longer on an involuntary treatment order and she was living in transition accommodation in the community and was waiting for a Department of Housing accommodation placement.  She is currently working as a consumer companion at a Brisbane hospital. Her mental health team consider that DLT has been making good progress and is managing life outside of hospital really well.  Her case manager expressed the opinion that DLT was capable of making decisions about service delivery but not accommodation and that she would require support with decisions about her accommodation.     

1. The Tribunal made findings of fact about capacity as follows: DLT has a long history of chronic schizophrenia.  She has made a significant improvement in her functioning over the past 12 months to the extent that she lives relatively independently in the community.  She has demonstrated her capacity to make personal decisions about her accommodation and lifestyle.  She is no longer on an involuntary treatment order and has demonstrated her capacity to make health care decisions.  She is working and she has supports in place to assist her with areas of decision making.  No new medical evidence was provided to the Tribunal about any current impairment of decision making functioning arising from her diagnosed mental health condition. 

1. The Tribunal finds that the evidence established that DLT can understand the nature and effect of decisions about personal matters, that she is capable of making decisions freely and voluntarily and she is capable of communicating decisions. 

CONCLUSION

1. The Tribunal determines that DLT does have capacity to make decisions about her personal matters.    

CONCLUSION

1. The appointment of the Adult Guardian as guardian for DLT is revoked.