HFG

[2013] QCAT 327

CITATION: HFG [2013] QCAT 327

PARTIES: HFG

APPLICATION NUMBER: GAA3080-13 GAA3081-13
GAA4274-13 GAA4275-13

MATTER TYPE: Guardianship and administration matters for adults

HEARING DATE: 18 June 2013

HEARD AT: Rockhampton

DECISION OF: Philippa Beckinsale, Member

DELIVERED ON: 3 July 2013

DELIVERED AT: Brisbane

ORDERS MADE:

Guardianship:
1. DDL is appointed as guardian for HFG born  August 1995 upon HFG turning 18 years, for decisions about the following personal matters:

(a)  health care;

(b)  provision of services;

(c)  whether HFG works and, if so, the kind and place of work and employer;

(d)  what education or training HFG undertakes.

2. This appointment remains current until  
    August 2014.

Administration:
3. The Public Trustee of Queensland is
    appointed as administrator for HFG born   August 1995 upon HFG turning 18 years, for all financial matters.
4. The Tribunal dispenses with the
    requirement for the administrator to
    provide a financial management plan.
5. The Tribunal directs the administrator to
     provide accounts to the administrator
     when requested.
6. This appointment remains current until
    August 2014.

CATCHWORDS:

GUARDIANSHIP - whether appropriate appointment – where conflict between parents.
ADMINISTRATION - who is most appropriate appointment – where conflict between parents.

Guardianship and Administration Act 2000 ss 13, 14, 15.

APPEARANCES and REPRESENTATION (if any):
The adult’s mother DL attended and was represented by Ms Katherine Lord, solicitor from Grant and Simpson. The adult’s father VG and brother EG attended.

REASONS FOR DECISION

1. HG is a young man who will be eighteen years old in August 2013. He has an intellectual disability as a result of having Down syndrome. He is the youngest of five children born to his parents DL and VG. H’s parents separated when he was five years old. He lived with his mother and siblings and spent weekend and holiday time with his father until February 2011 when Mr G insisted, against Ms L’s wishes, that H, then aged fifteen, live week about between the parents’ households. It was a year before the dispute over the arrangements for H was heard by the Federal Magistrate’s Court and the Court ordered that the week about living arrangement continue. The Court also ordered that the parents have shared parental responsibility for decisions relating to H other than decisions relating to health, education and vocational training, for which Ms L was ordered to have sole responsibility.

2. Ms L and Mr G have each applied to the Tribunal to be appointed in advance sole guardian and sole administrator for H upon his attaining eighteen years of age.[1]

   CAPACITY

   [1]        Guardianship and Administration Act 2000 s 13.

3. The first matter to be considered is whether H is likely to have impaired capacity[2] to make personal and financial decisions when he turns eighteen[3].

   [2] Ibid, Schedule 4.

   [3] Ibid, s 13(1)(a).

4. A report has been provided by H’s GP Dr George Belonogoff that H has Down syndrome resulting in an intellectual disability which is congenital and stable. In the doctor’s view H is able to make only simple personal health care decisions.