EEE

[2010] QCAT 644

PARTIES:  EEE [2010] QCAT 644

APPLICATION NUMBER:   GAA6311-10 Requested Review of the Appointment of a Guardian
GAA6312-10 Requested Review of the Appointment of an Administrator

MATTER TYPE: Guardianship and administration matters for adults

HEARING DATE:     8 September 2010

HEARD AT:  Level 10
BOQ Centre
259 Queen Street
BRISBANE  QLD  4000

DECISION OF: Annette Carrigan
Les Clarkson

DELIVERED ON: 8 September 2010

DELIVERED AT:      Level 10
BOQ Centre
259 Queen Street
BRISBANE  QLD  4000

ORDERS MADE:

GUARDIANSHIP

1.    That the guardianship order made by the Tribunal on 7 June 2010 is changed by removing NDB and SJB as guardians and appointing the Adult Guardian as guardian for EEE for decisions about the following personal matters:

(a)  Accommodation;

(b)  Health care;

(c)  Provision of services.

2.   Unless the Tribunal orders otherwise, this appointment remains current for two (2) years.

ADMINISTRATION

3.    The administration order made by the Tribunal on 7 September 2009 is changed by removing NDB and SJB as administrators and appointing The Public Trustee of Queensland as administrator for EEE for all financial matters.

4.    The administrator is to provide a financial management plan to the Tribunal within four (4) months.

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

6.    This appointment remains current until further       order of the Tribunal.

NOTICE OF INTEREST IN LAND

7.    That the administrator shall within three (3) months:

a)   Identify, by way of a search of the records held by the Registrar of Titles or other means, any interest in real property registered in the name of EEE (“the adult”).

b)   Lodge with the Registrar of Titles a copy of this order and a notice notifying the Registrar of any interest in land held by the adult which is subject to this administration order.

c)   Provide to the Tribunal:

(i)   a copy of the search of records held by the Registrar of Titles referred to above and;

(ii)  a copy of the lodgement summary with the dealing number showing lodgement of the order in respect of any interests in land held by the adult which is subject to this administration order.

8.    That if any change is made in an interest in land held by the adult which is the subject of this administration order or if there are any further dealings in land on behalf of the adult by the administrator, the administrator shall lodge with the Registrar of Titles within 14 days of the finalisation of such interest a copy of this order and a notice (in a form prescribed by the Registrar of Titles), concerning such changes or dealings.

9.    That the administrator pay, from the adult’s funds, any fee associated with the above notices.

APPEARANCES and REPRESENTATION:

KS, JS, MW, BW, SJB, NDB and MB, and Brian Norman from the Public Trustee of Queensland. 

CATCHWORDS:

Appropriateness and competence of current and proposed Guardians and Administrators; Guardianship and Administration Act 2000; significant family conflict 

REASONS FOR DECISION

This is a hearing of the Queensland Civil and Administrative Tribunal on 8 September 2010, held to consider the request of review of the appointment of a guardian for EEE and the request of review of the appointment of an administrator for EEE.  The Tribunal was composed of Annette Carrigan and Les Clarkson.  Others present at the hearing were the applicant, KS, JS, MW, BW, SJB, NDB and MB, and Brian Norman from the Public Trustee of Queensland. 

In our discussion of capacity, we considered the evidence of Dr Sunderland in 2009, in which he reported that Ms E has Alzheimer’s disease.  She has limited insight and is unable to make any complex decisions.  At the hearing, we heard that she is able to make simple decisions regarding dress and diet.  It was agreed by all people present that she doesn’t have capacity to make complex financial or personal decisions.  The findings of fact by the Tribunal were that Ms E has Alzheimer’s disease, she is in high support aged care and she is able to make simple decisions only.  Therefore, the presumption of capacity for personal matters is rebutted, and the presumption of capacity for financial matters is rebutted. 

On the issue of guardianship, it was stated in the hearing of 7 June that the statutory health regime is not appropriate due to conflict amongst family members.  Ms E lives at the Freemasons Home.  Some family members believe that the care and quality of the home is inadequate, and that Ms E is unhappy. Therefore, they wish to change her accommodation, and that of her daughter.  The current guardians believe it is appropriate and suitable. Accommodation decisions are necessary.  Conflict which still exists between family members present indicates that the statutory health attorney regime for health, for the time being, is unworkable.

There is significant conflict between family members.  It’s clear to the Tribunal that if either party is appointed as guardian, their ability to consult with others, so that the others could have meaningful input, would be severely impaired.  There are accommodation, service provision and health decisions which need to be made.  The applicant supported the appointment of the Adult Guardian.  The guardianship order made by the Tribunal on 7 June 2010 is changed by removing NDB and SJB as guardians for EEE for decisions about accommodation, healthcare and provision of services, and by appointing the Adult Guardian as guardian for EEE for decisions about accommodation, healthcare and provision of services. That appointment is for two years.

With regard to administration, NDB and SJB are current administrators, appointed on 9 September 2009.  Public Trustee of Queensland were administrators before that.  The Public Trustee of Queensland’s report states that the administrators are managing the adult’s affairs prudently.  As stated previously for the guardianship appointment, it has been decided by the Tribunal that, due to significant conflict between family members, the ability to consult with others would be severely impaired if one party was appointed as administrator.  Therefore, the administration order made by the Tribunal on 7 September 2009 is changed by removing NDB, and SJB, and appointing The Public Trustee of Queensland for all financial matters.

The administrator is to provide a financial management plan to the Tribunal within four months, and the Tribunal directs the administrator to provide accounts to the Tribunal when requested.  This appointment remains current until further order of the Tribunal.