HJK

[2009] QCAT 9

CITATION:      HJK [2009] QCAT 9

PARTIES:   HJK

APPLICATION NUMBER:            GAA10115-09 GAA10116-09  

MATTER TYPE:   Guardianship and administration matters

HEARING DATE:   8 December 2009

HEARD AT:   Brisbane

DECISION OF:   C Endicott

DELIVERED ON:   8 December 2009

DELIVERED AT:   Brisbane

ORDERS MADE:   Appointment of guardian and administrator

CATCHWORDS:  Interim order - financial abuse

APPEARANCES and REPRESENTATION (if any):

nil

REASONS FOR DECISION

1. On 4 December 2009 an application for an interim order about HJK (the adult) was lodged by HJ, social worker, seeking the appointment of an administrator and a guardian.

2. Section 129 of the Act provides for the making of interim orders if the tribunal is satisfied, on reasonable grounds, there is an immediate risk of harm to the health, welfare or property of the adult concerned in an application, including because of the risk of abuse, exploitation or neglect of, or self-neglect by, the adult. 

3. The tribunal may make an interim order in a proceeding without hearing and deciding the proceeding or otherwise complying with the requirements of the Act.  The maximum period that may be specified in an interim order is 3 months. 

1. The Tribunal considered the following evidence about the adult’s capacity

health professional report: PC, registered nurse, reported on 4 December 2009 that a mini mental state examination and another assessment of HJK’s cognitive capacity had been conducted and had established that he had decreased mental capacity.  PC stated that HJK was unable to do basic activities of daily living without prompting, he repeats words that have been spoken to him and he does not understand consequences.  PC was of the opinion that HJK could not make decisions freely and voluntary and that he was influenced by other persons. PC stated her opinion that HJK could not make complex decisions due to his intellectual disability nor could he make simple decisions about his financial affairs.    
other evidence: The Tribunal was provided with a copy of a mini mental state examination conducted on 3 December 2009 by DK, an occupational therapist.  HJK scored 9 out of 30.  In another form of cognitive assessment, conducted on 3 December 2009, namely a Montreal Cognitive Assessment, HJK scored 3 out of 30. 

1. The following issues were raised as the basis for the interim order application:

• issues arising from the adult’s accommodation circumstances
• there is nobody in the adult’s life to assist adequately with financial decisions
• the adult is vulnerable to financial abuse or exploitation

1. The Tribunal considered the following evidence about those issues: HJK had until recently been cared for by a carer.  That person is deceased and HJK was admitted as a social admission to hospital to meet his support needs.  An assessment has not yet been conducted by the Age Care Assessment team.  A person describing himself as HJK’s friend has been trying to persuade HJK to leave hospital to live with that person who is not recognised by others as a friend of HJK. That person is known to have money problems and staff at the hospital consider that HJK, who has funds in excess of $26,000, is vulnerable to financial abuse if he resides with this person. 

1. The Tribunal made the following findings of fact about those issues: HJK has been assessed as having an intellectual impairment.  He cannot carry out activities of daily living without assistance.  He has been admitted to hospital as a social admission following the death of his carer.  A person who was not formerly recognised as a friend of HJK has been trying to arrange his discharge from hospital into that person’s care.  HJK has a significant amount of funds in his bank account.  HJK is unable to understand consequences of making decisions about the use of those funds due to his intellectual impairment.  He is vulnerable to financial abuse. 

1. On the basis of the information provided:

   • the Tribunal considers that the adult has impaired decision making capacity for the matter
   • the Tribunal considers there is an immediate risk of harm to the adult’s health, welfare or property

CONCLUSION

1. The Tribunal determines that

   • the need for an interim appointment of a guardian has been established
   • the need for an interim appointment of an administrator has been established

2. The Tribunal appoints the Adult Guardian as guardian for HJK for three months for the following matters:

accommodation, provision of services and health care.

1. The Tribunal appoints The Public Trustee of Queensland as administrator for HJK for three months for all financial matters.