HH

[2018] QCAT 57

CITATION:

HH [2018] QCAT 57

PARTIES:

HH

APPLICATION NUMBER:

GAA1377-18

GAA1378-18

MATTER TYPE:

Guardianship and administration matters for adults

HEARING DATE:

2 February 2018 On the Papers

HEARD AT:

Brisbane

DECISION OF:

Member Ford

DELIVERED ON:

2 February 2018

DELIVERED AT:

Brisbane

ORDERS MADE:

1.    The application by MR for the appointment of a guardian for HH under an interim order is dismissed.

2.    The application by MR for the appointment of an administrator for HH under an interim order is dismissed.

CATCHWORDS:

GUARDIANS, COMMITTEES, ADMINISTRATORS, RECEIVERS AND MANAGERS – APPOINTMENT – where adult has impaired capacity – there an application for an interim order – where allegations made against possible attorney under an enduring document – where evidence is lacking

Guardianship and Administration Act 2000 (Qld), s 11, s 12, s 14, s 118, s 129,
Schedule 4

APPEARANCES:

This matter was determined on the papers pursuant to s32 of the Queensland Civil and Administrative Tribunal 2009 (Qld) (QCAT Act).

REASONS FOR DECISION

1. HH’s grandson, MR, made an application for an interim order on behalf of HH. Allegations were made by MR regarding HH’s son, who is purportedly an attorney under an Enduring Power of Attorney, about financial mismanagement and misappropriation of funds.

2. No enduring document was provided to the tribunal. No specific evidence was provided to substantiate the claims made by the grandson. An ACAT assessment (dated 8/7/2015) was provided by the grandson with no further medical evidence. No information was provided regarding the attorney’s response to these allegations.

3. The tribunal must only make an interim order if we are satisfied, on reasonable grounds, that the adult is at immediate risk of harm[1]. While the tribunal is concerned with the allegations made, in this case the immediate risk of harm test is not reached, due to a lack of evidence. An interim order denies a hearing and the requirements under s118 of the Guardianship and Administration Act 2000.

   [1]GAAT Act 2000 s129

4. However, a hearing has been scheduled for the 12 March 2018. The matter can be referred for an investigation by the Office of the Public Guardian. The attorney has been advised of the application and comments, by him,  sought for the hearing, including a provision of the Enduring Power of Attorney. A full hearing will be able to address all of the concerns raised in the interim application and in keeping with the legislative requirements of an open and accountable process.

5. The tribunal dismissed the applications for interim orders on 2 February 2018 because of the reasoning outlined above.