HFO (Review of Administration)

The case before the Board was a review of an administration order concerning HFO, a 79-year-old man suffering from severe dementia. The Public Trustee had been appointed as administrator of HFO's estate since March 2009, and the order was due to expire on 29 March 2012. On 19 March 2012, the Public Trustee applied for a review of the administration order. The review was conducted to assess whether the continuation of the order was consistent with the principles of the Guardianship and Administration Act 1995 (the Act) and to review how the order had operated in practice. The hearing was attended by KO, QN, Mr James Nielsen from the Public Trustee, and the Board's Compliance Officer, Mr Lee Perry.

The Board had to decide whether HFO still required an administrator under the provisions of the Act and if the Public Trustee should continue as the administrator or if KO should be appointed instead. The Board was satisfied that HFO remained a person with a disability unable to make reasonable judgments in relation to his estate and that he required ongoing protection. The Board also found that HFO's estate remained under active management, and he was in need of an administrator. KO argued that she should be appointed as administrator, but the Board found her ineligible due to concerns about her lack of professionalism, lack of concern for compliance with the law, and the level of conflict between her and HFO's two eldest children.

The Board concluded that the Public Trustee, as a potential administrator, was in a different position to KO, and section 54(1) of the Act deemed the Public Trustee to be an approved administrator without the need to prove their suitability. The Board found that the appointment of the Public Trustee as administrator for HFO served his best interests and that KO's concerns did not warrant any direction or conditions by the Board. The Board ordered that the Public Trustee continue as the administrator of HFO's estate until 29 March 2015.

This decision highlights the importance of appointing a professional and independent body as an administrator for individuals with disabilities, as it ensures their best interests are served and maintains compliance with the principles of the Guardianship and Administration Act 1995.