FAP

[2015] QCAT 95

CITATION: FAP [2015] QCAT 95

PARTIES: FAP

APPLICATION NUMBER: GAA9198–14; GAA9199–14

MATTER TYPE: Guardianship and administration matters for adults

HEARING DATES: 30 January 2015 and 27 March 2015

HEARD AT: Cairns

DECISION OF: Member Johnston

DELIVERED ON: 27 March 2015

ORDERS MADE:

1.    The Application for the appointment of a Guardian is dismissed.

2.    The Application for the review of the appointment of the Administrator is dismissed.

CATCHWORDS: No appearance by the Applicant – dismissal of application

APPEARANCES:

APPLICANT: There was no appearance by the applicant or any other party

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

REASONS FOR DECISION

1. This matter was scheduled for hearing on 30 January 2015.

2. The Applicant was sent a Notice of Hearing setting out the time and place for the hearing.

3. The Applicant did not appear at the hearing or provide a reason for her non- attendance.

4. The Tribunal contacted the Applicant on the telephone number provided by the Applicant. The person who answered the telephone identified them self as a son of the Applicant. This person told the Tribunal that the Applicant was working and could not be contacted by telephone during the day.

5. The Tribunal adjourned the hearing to a date to be fixed and directed the Applicant to provide further information about the capacity of the adult to make personal, health care, lifestyle and accommodation choices by 4 PM on 27 February 2015.

6. The Applicant did not contact the Tribunal by 4 PM on 27 February 2015 as directed.

7. The registry contacted the Applicant on 9 March 2015 and the Applicant told the registry official that she wants everything to stay the same that there is no problem at the moment and knows she can make health decisions for her father when she takes the adult to the doctor. She told the registry official that she does not want to change anything. She understood that the Tribunal would consider dismissing her application. She said that is what she wants.

8. The Tribunal is accordingly of the view that there is no need in terms of section 12 of the Guardianship and Administration Act 2000 for the appointment of a Guardian or the review of the appointed Administrator.

9. The Tribunal accordingly dismisses the two applications.