HDG - [2020] QCAT 106

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

HDG [2020] QCAT 106

PARTIES:

In applications about matters concerning HDG

APPLICATION NO/S: GAA3476-19; GAA3478-19; GAA6945-19; GAA1678-20

MATTER TYPE:

Guardianship and administration matters for adults

DELIVERED ON:

9 April 2020

HEARING DATE:

25 March 2020

HEARD AT:

Southport

DECISION OF:

Member Mc Donald

ORDERS:
1.   The Guardianship Order made by the Tribunal on 17 June 2019 is changed by appointing the Public Guardian as Guardian for HDG for the following matters:

(a)    Health care.

2.   This appointment remains current until further order of the Tribunal. It is reviewable and will be reviewed in five (5) years.

3.   The Public Trustee of Queensland is appointed as administrator for HDG for all financial matters.

4.   The administrator is to provide a financial management plan to the Tribunal within four (4) months.

5.   The Tribunal directs the administrator to provide accounts when requested.

6.   This appointment of the Public Trustee of Queensland remains current until further order of the Tribunal.

7.   Before 25 June 2020, the administrator must:

(a)    Record the appointment as administrator on any property registered in the adult’s name with the Registrar of Titles by lodging the appropriate notice with a copy of the Tribunal’s appointment decision; and

(b)   Provide confirmation to the Tribunal that this has been completed by providing:

            (i)     A copy of the title search conducted identifying the adult’s property; and

           (ii)     A copy of the Title registry’s ‘lodgement Summary Form’ confirming that the notice has been lodged for each property held by the adult.

8.   If the ownership of any property of the adult changes in any way or the adult acquires an interest in another property, the administrator must with fourteen (14) days of such changes:

(a)    Give a copy of this order to the Registrar of Titles; and

(b)   Give notice to the Registrar of Titles about the changes or the adult’s interest in another property.

9.   The Tribunal directs that RAG pay HDG the sum of $450,000.00. This amount is to be deposited in a bank account nominated by the appointed administrator within 30 days of this order.

10.   The following Enduring Powers of Attorney for HDG are overtaken by the making of these appointments and can no longer be acted upon to the extent that these appointments have been made:

(a)    The Enduring Power of Attorney dated 20 November 2015 appointing RAG as attorney for personal and health matters; and

(b)   The Enduring Power of Attorney dated 29 October 2009 appointing RAG as attorney for financial matters.

HEALTH LAW – GUARDIANSHIP, MANAGEMENT AND ADMINISTRATION OF PROPERTY OF PERSONS WITH IMPAIRED CAPACITY – where attorney appointed under New South Wales appointments for personal and financial decisions – where adult was relocated to Queensland against medical advice – where adult’s funds transferred to attorney’s account

Guardianship and Administration Act 2000 (Qld), s 12,
s 106, s 129, s 138, Schedule 1, Schedule 4
Powers of Attorney Act 1998 (Qld), s 34, s 66, s 73, s 87, Schedule…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading HDG

Details

AGLC: HDG [2020] QCAT 106
Case: [2020] QCAT 106
Decision Date: 9 April 2020

CaseChat Overview and Summary

In the matter of HDG, the Queensland Civil and Administrative Tribunal (QCAT) was called upon to decide upon a number of orders relating to the personal and financial welfare of an adult, HDG. The primary dispute centred around the necessity for guardianship and administration orders, the appointment of a suitable guardian and administrator, and financial arrangements including the payment of a sum of money from one party to another. The Tribunal was also tasked with determining the validity and applicability of existing Enduring Powers of Attorney.

The key legal issues before the Tribunal were whether HDG required a guardian for health care and an administrator for financial matters, and if so, who should be appointed to these roles. Additionally, the Tribunal had to consider the implications of the existing Enduring Powers of Attorney on the proposed appointments and the necessity of a financial payment from one party to another.

In delivering its decision, the Tribunal found that HDG did require a guardian for health care and an administrator for financial matters. The Public Guardian was appointed for health care matters, while the Public Trustee of Queensland was appointed as administrator for financial matters. The Tribunal directed the Public Trustee to provide a financial management plan and to record the appointment on any property held by HDG. Furthermore, the Tribunal ordered that RAG pay HDG a sum of $450,000.00, to be deposited in a bank account nominated by the appointed administrator. The Tribunal also determined that the existing Enduring Powers of Attorney were overtaken by the new appointments and could no longer be acted upon to the extent that these appointments had been made.

Orders

Orders of the court

1. The Guardianship Order made by the Tribunal on 17 June 2019 is changed by appointing the Public Guardian as Guardian for HDG for the following matters:

(a) Health care.

2. This appointment remains current until further order of the Tribunal. It is reviewable and will be reviewed in five (5) years.

3. The Public Trustee of Queensland is appointed as administrator for HDG for all financial matters.

4. The administrator is to provide a financial management plan to the Tribunal within four (4) months.

5. The Tribunal directs the administrator to provide accounts when requested.

6. This appointment of the Public Trustee of Queensland remains current until further order of the Tribunal.

7. Before 25 June 2020, the administrator must:

(a) Record the appointment as administrator on any property registered in the adult’s name with the Registrar of Titles by lodging the appropriate notice with a copy of the Tribunal’s appointment decision; and

(b) Provide confirmation to the Tribunal that this has been completed by providing:

(i) A copy of the title search conducted identifying the adult’s property; and

(ii) A copy of the Title registry’s ‘lodgement Summary Form’ confirming that the notice has been lodged for each property held by the adult.

8. If the ownership of any property of the adult changes in any way or the adult acquires an interest in another property, the administrator must with fourteen (14) days of such changes:

(a) Give a copy of this order to the Registrar of Titles; and

(b) Give notice to the Registrar of Titles about the changes or the adult’s interest in another property.

9. The Tribunal directs that RAG pay HDG the sum of $450,000.00. This amount is to be deposited in a bank account nominated by the appointed administrator within 30 days of this order.

10. The following Enduring Powers of Attorney for HDG are overtaken by the making of these appointments and can no longer be acted upon to the extent that these appointments have been made:

(a) The Enduring Power of Attorney dated 20 November 2015 appointing RAG as attorney for personal and health matters; and

(b) The Enduring Power of Attorney dated 29 October 2009 appointing RAG as attorney for financial matters.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	HDG [2020] QCAT 106
PARTIES:	In applications about matters concerning HDG
APPLICATION NO/S:	GAA3476-19; GAA3478-19; GAA6945-19; GAA1678-20
MATTER TYPE:	Guardianship and administration matters for adults
DELIVERED ON:	9 April 2020
HEARING DATE:	25 March 2020
HEARD AT:	Southport
DECISION OF:	Member Mc Donald
ORDERS:	1. The Guardianship Order made by the Tribunal on 17 June 2019 is changed by appointing the Public Guardian as Guardian for HDG for the following matters: (a) Health care. 2. This appointment remains current until further order of the Tribunal. It is reviewable and will be reviewed in five (5) years. 3. The Public Trustee of Queensland is appointed as administrator for HDG for all financial matters. 4. The administrator is to provide a financial management plan to the Tribunal within four (4) months. 5. The Tribunal directs the administrator to provide accounts when requested. 6. This appointment of the Public Trustee of Queensland remains current until further order of the Tribunal. 7. Before 25 June 2020, the administrator must: (a) Record the appointment as administrator on any property registered in the adult’s name with the Registrar of Titles by lodging the appropriate notice with a copy of the Tribunal’s appointment decision; and (b) Provide confirmation to the Tribunal that this has been completed by providing: (i) A copy of the title search conducted identifying the adult’s property; and (ii) A copy of the Title registry’s ‘lodgement Summary Form’ confirming that the notice has been lodged for each property held by the adult. 8. If the ownership of any property of the adult changes in any way or the adult acquires an interest in another property, the administrator must with fourteen (14) days of such changes: (a) Give a copy of this order to the Registrar of Titles; and (b) Give notice to the Registrar of Titles about the changes or the adult’s interest in another property. 9. The Tribunal directs that RAG pay HDG the sum of $450,000.00. This amount is to be deposited in a bank account nominated by the appointed administrator within 30 days of this order. 10. The following Enduring Powers of Attorney for HDG are overtaken by the making of these appointments and can no longer be acted upon to the extent that these appointments have been made: (a) The Enduring Power of Attorney dated 20 November 2015 appointing RAG as attorney for personal and health matters; and (b) The Enduring Power of Attorney dated 29 October 2009 appointing RAG as attorney for financial matters.
HEALTH LAW – GUARDIANSHIP, MANAGEMENT AND ADMINISTRATION OF PROPERTY OF PERSONS WITH IMPAIRED CAPACITY – where attorney appointed under New South Wales appointments for personal and financial decisions – where adult was relocated to Queensland against medical advice – where adult’s funds transferred to attorney’s account Guardianship and Administration Act 2000 (Qld), s 12, s 106, s 129, s 138, Schedule 1, Schedule 4 Powers of Attorney Act 1998 (Qld), s 34, s 66, s 73, s 87, Schedule…