HM v The Public Trustee of Queensland

The appellant, HM, appealed against a decision of the Guardianship and Administration Tribunal of Queensland, which found that the respondent, the subject of the guardianship application, lacked the capacity to manage their own affairs. The tribunal had directed that the respondent obtain and file a report from a neuro-psychologist before the matter was heard, and found that the respondent lacked capacity to manage their own affairs based on the evidence before it. The appellant argued that the tribunal had erred in its determination of the respondent's capacity and that the tribunal had failed to consider all relevant material before it.

The court was required to determine whether the tribunal had erred in its determination of the respondent's capacity, and whether the tribunal had failed to consider all relevant material before it. The court also considered whether the tribunal had correctly applied the onus of proof for lack of capacity, and whether the tribunal had appropriately directed that the respondent obtain and file a report from a neuro-psychologist.

The court found that the tribunal had not erred in its determination of the respondent's capacity, and that the tribunal had appropriately directed that the respondent obtain and file a report from a neuro-psychologist. The court found that the appellant had failed to produce evidence of the respondent's capacity to manage their own affairs, and that the tribunal had appropriately considered all relevant material before it. The court found that the tribunal had correctly applied the onus of proof for lack of capacity, and that the appellant had failed to discharge the onus of proof.

The appeal is refused.