FHT (Administration)

The case of FHT (Administration) involves an application for the appointment of an administrator for a 49-year-old woman, FHT, who has suffered a right intracranial haemorrhage and right middle cerebral artery aneurysm, leaving her unable to make reasonable financial judgments. The applicant, MJT, is FHT's husband. The Guardianship and Administration Board of Tasmania was required to decide whether MJT was fit to be appointed as the administrator of FHT's estate or if the Public Trustee should be appointed instead.

The legal issues the court had to determine were whether MJT was fit to be an administrator, given his previous financial difficulties that led to his and FHT's bankruptcy, and whether the appointment of MJT as an administrator would be in FHT's best interests. The court considered the relevant provisions of the Guardianship and Administration Act 1995, as well as case law on the matter.

The court found that MJT had taken steps to organise FHT's estate, and he appeared capable of undertaking the task of an administrator. However, the court also noted that MJT's financial difficulties had resulted in the loss of FHT's home and her own bankruptcy. The court considered that the appointment of MJT could result in a significant disparity in wealth between him and FHT, which could potentially put FHT's estate at risk. The court concluded that it was in FHT's best interests for the Public Trustee to be appointed as her administrator, rather than MJT.

The court ordered that the Public Trustee be appointed as the administrator of FHT's estate, with powers and duties conferred by Division 4 of Part 7 of the Guardianship and Administration Act 1995. The order remains in effect until 1 August 2010.