HAC

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

HAC [2022] QCAT 104

PARTIES:

In an application about matters concerning HAC

APPLICATION NO/S:

GAA15511-21

MATTER TYPE:

Guardianship and administration matters for adults

DELIVERED ON:

3 February 2022

REASONS DELIVERED:

28 March 2022

HEARD AT:

Brisbane

DECISION OF:

A/Senior Member Traves

ORDERS:

On 3 February 2022:

IT IS THE DECISION OF THE TRIBUNAL THAT:

The application by WC for an interim order is dismissed.

CATCHWORDS:

GUARDIANSHIP AND ADMINISTRATION – 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 129

Human Rights Act 2019 (Qld), s 9

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 21 December 2021 an application for the appointment of a guardian and administrator for HAC was made by her son, WC. The application includes completion of an appropriateness and competence advice signed by Mr C and states that he agrees to the proposed nomination as administrator. In relation to who is proposed as guardian the application states that Mr C and “someone else” are proposed as guardians, acting jointly. There is no completed appropriateness and competence advice by any other proposed guardian.

2. The application also states that decisions are currently being made by attorneys under an enduring power of attorney. The Tribunal was not provided with a copy of the current enduring power of attorney.

3. The application lists the following persons as attorneys: JG; BG and WC.

4. On 21 December 2021 Mr C also filed an application for an interim order seeking the appointment of an administrator and guardian for HAC. In that application, by way of an explanation as to why an interim order is necessary, it is stated:

   There is neglect of HAC’s care and exploitation of property.

5. No evidence of a lack of care or exploitation of HAC’s property has been provided. It is also not clear against whom these accusations are levelled.

6. 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 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.

7. Section 129 of the Act gives power to the Tribunal to make an interim order in the proceeding without hearing and deciding the proceeding or otherwise complying with the Act, but only if the Tribunal is satisfied,…