FH

[2020] QCAT 482

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

FH [2020] QCAT 482

PARTIES:

In an application about matters concerning FH

APPLICATION NO/S:

G21904

MATTER TYPE:

Guardianship and administration matters for adults

DELIVERED ON:

7 December 2020

HEARD AT:

Brisbane

DECISION OF:

Member Traves

ORDERS:

On 11 November 2020:

1.   The Public Guardian is appointed as guardian for Frederick William Hicklin for the following personal matters only:

(a)   Legal matters not relating to financial or property matters.

2.   The Tribunal directs the guardian to provide a written account of their actions as guardian to the Tribunal no later than three (3) working days prior to the hearing.

3.   This guardianship appointment remains current for three (3) months or, if the Tribunal makes a further order in this matter, until the date of the further order, whichever is the sooner.

CATCHWORDS:

HEALTH LAW – GUARDIANSHIP, MANAGEMENT AND ADMINISTRATION OF PROPERTY OF PERSONS WITH IMPAIRED CAPACITY – INTERIM ORDER – whether Tribunal satisfied on reasonable grounds that there is an immediate risk of harm to the health, welfare or property of the adult

Guardianship and Administration Act 2000 (Qld), s 12, s 129, Schedule 2

Human Rights Act 2019 (Qld), s 9(4).

PJB v Melbourne Health (2011) 39 VR 373.

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

REASONS FOR DECISION

1. On 5 November 2020 an application for the appointment of a guardian (Public Guardian) for legal matters for FH was made by TS, a case manager with Direct Care Resources (DCR). The application was prompted by a letter from a law firm attaching a notice of claim form pursuant to s 9(3) of the Personal Injuries Proceedings Act 2002 (Qld) (PIPA). DCR provide care services to FH, in his home.

2. A response from FN was required by 22 November 2020. The Public Trustee who have been appointed administrators advised DCR that there was no need for DCR to obtain legal representation. However, DCR subsequently contacted their own solicitors who “strongly advised” an urgent need for an application to be made to the Tribunal for an interim order appointing a guardian for legal matters.

3. Before the Tribunal can make an order appointing a guardian for a personal matter or an administrator for a financial matter, the Tribunal must be satisfied of the elements in s 12 of the Guardianship and Administration Act 2000 (Qld) (the GA Act), namely:

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

   (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, the adult’s needs will not be adequately met; or the adult’s interests will not be adequately protected.

4. Section 129 of the GA Act gives power to the Tribunal to make an interim order in the proceeding without…