GIU (Guardianship Directions)
[2010] TASGAB 23
•2 November 2010
GUARDIANSHIP AND ADMINISTRATION BOARD
HOBART
GIU application for guardianship and administration by COLONY OUTREACH SUPPORT SERVICE
Neutral citation: GIU (Guardianship Directions) [2010] TASGAB 23
REASONS FOR DECISION
Anita Smith (President)
Elizabeth Love (Member)
William Downie (Member)
Guardianship – the Public Guardian – ability of the Board to impose standard directions to a guardian regarding the operation of the order – performance by the Public Guardian of her statutory duties – vulnerable represented person in need of advocacy and support
Guardianship and Administration Act 1995 Part 4, sections 6, 20, 67
BKW (Guardianship) [2002] TASGAB 3
KKQ (Guardianship) [2010] TASGAB 21
This is a decision about whether, in appointing a guardian, the Board ought to impose the directions set out in a document prepared by the Board called Standard Directions to a Guardian (hereafter called the ‘Standard Directions’) to guide the actions of the Public Guardian during her term of appointment as a guardian for an adult with a disability.
After a hearing on 24 September 2010 the Board was satisfied that GIU (hereafter ‘the represented person’) has a disability, namely psychosis. This disability renders her incapable of making reasonable decisions because it reduces her functional capacities and impairs her ability to plan and reason. She has been without secure housing for an extended period of time but had rejected supported accommodation options put to her. The Board was satisfied that the represented person needs a guardian to make decisions about where she will live temporarily or permanently. The Public Guardian was the only nominee for appointment as a guardian and implied, by comments made by her delegate during the hearing, consent to appointment. The Board also appointed the Public Trustee as the represented person’s administrator. The order will be reviewed after 12 months to see whether a period of stable accommodation and support may avert the need for a continuing order.
At the hearing the Board asked the Public Guardian’s delegate whether Standard Directions to a Guardian ought to apply to this appointment. The Board granted the Public Guardian’s delegate 21 days to provide written submissions on that point. The Board then issued an order as follows:
1.That The Public Trustee be appointed as administrator of the estate of the represented person.
2.That the powers and duties of the administrator be those conferred by Division 4 of Part 7 of the Guardianship and Administration Act 1995.
3.That the Public Guardian be appointed as the represented person’s guardian.
4.That the powers and duties of the guardian are limited to decisions concerning where the represented person is to live either permanently or temporarily.
5.That the guardian is to make a written submission to the Board within 21 days in relation to whether or not the Standard Directions to a Guardian should apply.
6.That a review of this order be conducted after 12 months.
7.That the order remains in effect to 23 September 2013.
The Public Guardian’s submissions were supplied to the Board on 15 October 2010 and were identical to submissions received in the matter of KKQ (Guardianship Directions) 18.10.10. This decision relates specifically to whether the Standard Directions will be imposed upon the Public Guardian in this case.
The Board refers to reasons set out in KKQ (Guardianship Directions) 18.10.10 and relies upon those reasons for its decision that the Standard Directions to a Guardian as amended are lawful and appropriate directions for the Board to give a guardian.
Why does the Board consider that imposing Standard Directions is necessary in this case?
The represented person is a 26 year old unemployed woman. She receives the Disability Support Pension. Her case managers brought the application out of deep concerns for her welfare after 18 months of homelessness. As a homeless person she has been vulnerable to exploitation and abuse. She has a history of being unable to meet basic survival requirements of food, shelter and housing. Some of her behaviours have attracted sexual predators, she has a gambling problem and is not cooperative with her treating team.
The represented person rejects the need for supported accommodation because she rejects the diagnosis of having a mental illness, believing instead that she has symptoms of Chronic Fatigue Syndrome.
Although there have been problems with compliance with medication and engagement with mental health support services, the Board heard evidence that, if the represented person lives in supported accommodation she would be likely to comply with medication when in a consistently supported environment.
The decision that is fundamental to the represented person’s wellbeing and ability to flourish in the future is the decision about where she shall live, meaning that adherence to Direction 2 will be of particular importance. Such a decision by its very nature needs the represented person’s cooperation and participation or else it won’t work. An advantage of the Standard Directions in this matter will be that the guardian will be directed (by Direction 1) towards relationship building behaviours that might assist an accommodation decision to be successful. Additionally, the represented person has family members and support workers who be in a position to provide valuable information to guide the guardian’s decision about accommodation. Therefore Directions 3 and 4 will be particularly important.
As the guardian has not been vested with powers regarding medical treatment, Direction 5 is not necessary.
This is a matter where majority of the Standard Directions as amended need to apply to ensure that the represented person’s experience of guardianship reflects the principles in sections 6 and 27 of the Act.
Accordingly the Board will now amend the order, pursuant to powers in section 31(4) of the Act to read as follows:
1. That The Public Trustee be appointed as administrator of the estate of the represented person.
2. That the powers and duties of the administrator be those conferred by Division 4 of Part 7 of the Guardianship and Administration Act 1995.
3. That the Public Guardian be appointed as the represented person’s guardian.
4. That the powers and duties of the guardian are limited to decisions concerning where the represented person is to live either permanently or temporarily.
5. That the Standard Directions to a Guardian issued 2 November 2010 shall apply with respect to this order with the exception of Direction 5.
6. That a review of this order be conducted after 12 months.
7. That the order remains in effect to 23 September 2013.
Dated this 2nd day of November 2010
Anita Smith Elizabeth Love William Downie
PRESIDENT MEMBER MEMBER
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