HIO (Guardianship)

[2019] TASGAB 8

CITATION:

HIO (Guardianship) [2019] TASGAB 8

HEARING DATE(S):

18 April 2019

DATE OF ORDERS:

18 April 2019

DATE OF STATEMENT OF REASONS:

17 May 2019

BOARD: 

Ms L Mollross

Ms C  Wallace

Mr  M Stoddart

APPLICATION

Guardianship

CATCHWORDS:

Guardianship – want of need as enduring guardian appointed

LEGISLATION CITED:

Guardianship and Administration Act 1995 (Tas), ss 20, 25

PUBLICATION RESTRICTION:

The decision has been anonymised for the purpose of publication

Reasons FOR DECISION

1. On the 25 March 2019 the Applicant, SKO filed an Application for Guardianship with the Guardianship and Administration Board (the Board) in respect of HIO.

2. Present at the hearing of this matter were;

   • SKO (the Applicant);

   • HIO (the Proposed Represented Person);

   • LO (daughter-in-law of the Proposed Represented Person);

   • NP (son of the Proposed Represented Person); and

   • SP (son of the Proposed Represented Person).

3. The documentation available to assist in the hearing of this matter was follows;

   • Application for Guardianship filed by SKO on 25 March 2019;

   • Health Care Professional Report from Dr Richard Fish dated 5 March 2019;

   • A My Aged Care Report dated 29 March 2019;

   • Copy of General Enduring Power of Attorney dated 9 February 2016;

   • An Instrument of Appointment of Enduring Guardian Registered Number XXXXX dated 1 March 2019 and lodged with the Guardianship and Administration Board on the 7 March 2019;

   • Correspondence from the ANZ Bank dated 1 April 2019;

   • National Police Certificate in respect of SKO.

4. Section 20 of the Guardianship and Administration Act 1995 (the Act) provides that the Board after hearing an Application for Guardianship may appoint a Guardian for the proposed represented person if satisfied that;

   (i) The proposed represented person has a disability.

   (ii) The disability renders the person unable to make reasonable judgments in respect to matters to do with the person and their circumstances.

   (iii) The proposed represented person is in need of a Guardian.

5. The Act empowers the Board in such circumstances to make a full or limited Order when satisfied there is no less effective means to achieve the welfare of the Proposed Represented Person.

6. The Board determined that the Application for the appointment of a Guardian should be dismissed for want of need given the existence of Guardianship prior to the Application for Guardianship. At the time of the Application the Proposed Represented Person had already appointed LO and HNO as his joint Enduring Guardians pursuant to an Instrument of Appointment of an Enduring Guardian dated 1 March 2019 (the Enduring Guardian Instrument, registration number XXXXX and registered with the Guardianship and Administration Board on 7 March 2019). The Enduring Guardian Instrument authorises the enduring guardians to exercise the full powers of a guardian under s 25 of the Act. Therefore, the Proposed Represented Person is not in need of a Guardian as Enduring Guardians were appointed pursuant to the above Instrument.

7. It was noted during the hearing if the Applicant had concerns in relation to the appointment of the Enduring Guardians by the Proposed Represented Person then the appropriate course was to lodge an Application for Review of the Enduring Guardian Instrument.

THE BOARD ORDERS:

1. That the Application for Guardianship is dismissed.