HJG

[2015] QCAT 395

CITATION: HJG [2015] QCAT 395

PARTIES:	HJG
APPLICATION NUMBER:	GAA5759-15

MATTER TYPE: Guardianship and administration matters for adults

HEARING DATE: 2 October 2015

HEARD AT: Brisbane

DECISION OF: Senior Member Endicott

DELIVERED ON: 2 October 2015

DELIVERED AT: Brisbane

ORDERS MADE:

1.    The appointment of HB as administrator for HJG is revoked.

2.    The reasons for decision are to be sent to the Legal Services Commissioner

CATCHWORDS:

ADMINISTRATION APPOINTMENT  - where Tribunal had made a declaration that an adult had impaired capacity for instructing his lawyers in a damages claim- where an administrator had been appointed to provide instructions and to manage any damages recovered in the claim

REVIEW OF APPOINTMENT – where the damages claim settled on instructions given directly by the adult – where damages paid out to the adult by his lawyers – where lawyers had formed unilateral view that adult had capacity

Guardianship and Administration Act 2000 (Qld) ss12 and 31(2)

Bergmann v DAW  [2010] QCA 143

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act).

REASONS FOR DECISION

1. HJG sustained injuries on 11 October 2007.  During a claim for damages, his lawyers filed with the Tribunal an application by HB, his brother, to be appointed as administrator for certain financial and legal matters.  According to an assessment carried out by neuropsychologist, Debbie Anderson, HJG had consistently complained of extremely severe ongoing issues with pain and cognitive dysfunction. As a result, he had been unable to return to work or to maintain an effective role within his household.

2. A psychiatrist, Dr Joesph Mathew, reported that HJG had moderate memory loss, becomes disorientated at times, displays impulsive spending requiring his wife to manage the family finances and was unable to engage in paid employment. 

3. In April 2012, HJG had told Dr Mathew that he forgets what had happened a week ago, he would lose track of time, he would forget to take his medication, he was quite reckless with his spending and he agreed that it was a good thing that his wife handled the finances as it took pressure off him.   He also told Dr Mathew that if he recovered a lump sum of damages then his wife would need to manage it to pay off bills and to put a deposit on a house.

4. Dr Mathew reported that he had also spoken to Mrs HJG.  She had told Dr Mathew that she managed all the family finances and that if her husband received a large sum of money, then it would be squandered.

5. Dr Mathew expressed an opinion that HJG had suffered an acquired brain injury.  Dr Mathew was of the opinion that HJG had suffered some depressed mood but his cognitive symptoms were markedly out of proportion to the thinking disturbances that would be associated with his level of depression.  Dr Mathew expressed the opinion that HJG did not have the capacity to…