HMF

[2010] QCAT 276

CITATION: HMF [2010] QCAT 276

PARTIES:	HMF
APPLICATION NUMBER:	G20099

MATTER TYPE: Guardianship and administration matters

HEARING DATE:     13 May 2010

HEARD AT:  Brisbane

DECISION OF: S Gardiner – Presiding Member

DELIVERED ON: 13 May 2010

DELIVERED AT:      Brisbane

ORDERS MADE: Application Dismissed

CATCHWORDS :  Jurisdiction

APPEARANCES and REPRESENTATION (if any):

NIL

REASONS FOR DECISION

1. The Queensland Civil and Administrative Tribunal received an application on 27 January 2010 relating to HMF.

1. The application was submitted by HC and asked the Tribunal for assistance in acquiring a Power of Attorney since there is no one else in her life willing to undertake this role.

1. The Applicant stated that HMF is capable of making all financial and lifestyle decisions without the assistance of a Guardian.

1. A health professional report from Doctor P Andersen accompanied the application.  Doctor Andersen stated that HMF is able to make all decisions for herself.

1. The registry of the Tribunal advised the Applicant that HMF needs could be met by making an approach to The Public Trustee to have them accept an Enduring Power of Attorney.

1. The Applicant was to consider withdrawing her application in writing.  She has not yet done so.

1. The Tribunal has no jurisdiction in this matter as there is no evidence that the Adult lacks capacity for decision making.  Indeed all the evidence is to the contrary.

1. In these circumstances the Tribunal must dismiss the application.