HS

[2015] QCAT 536

CITATION: HS [2015] QCAT 536

PARTIES:	HS
APPLICATION NUMBER:	GAA7439-15

MATTER TYPE: Guardianship and administration matters for adults

HEARING DATE: 30 July 2015

HEARD AT: Brisbane

DECISION OF: Senior Member Endicott

DELIVERED ON: 30 July 2015

DELIVERED AT: Brisbane

ORDERS MADE:

1.    The Public Guardian is appointed guardian for HS for the following personal matters only:

(a)   accommodation decisions;

(b)   health care of HS;

(c)   provision of services for HS.

2.    The Tribunal directs the guardian to provide a written account of their actions as guardian to the Tribunal no later than three (3) working days prior to the hearing.

3.   This guardianship appointment remains current for three (3) months or, if the Tribunal makes a further order in this matter, until the date of the further order, whichever is the sooner.

4.    The Public Trustee of Queensland is appointed administrator for HS for all financial matters.

5.    The Tribunal directs the administrator to provide a written account of their actions as administrator to the Tribunal no later than three (3) working days prior to the hearing.

6.    This administration appointment remains current for three (3) months or, if the Tribunal makes a further order in this matter, until the date of the further order, whichever is the sooner.

7.    That before 27 August 2015 the administrator must:

(a)   Search the records of the Registrar of Titles to identify any property registered in the adult’s name.

(b)   Give the registrar of titles a copy of this order and a notice to the registrar advising that any interest in property held by the adult is subject to this order.

(c)   Give to the Tribunal:

(i)    a copy of the “Lodgement Summary Form” from the Titles registry confirming the notice has been lodged for each property held by the adult; and

(ii)   a copy of the current title searches.

8.     If the ownership of any property of the adult changes in any way or the adult acquires an interest in another property the administrator must, within fourteen (14) days of such changes:

(a)   give a copy of this order to the Registrar of Titles and

(b)   give a notice to the Registrar about the changes or the adult’s interest in another property.

9. Any purported enduring power of attorney for HS is overtaken by the making of these appointments and, in accordance with section 22(2) of the Act can no longer be acted upon to the extent that these appointments have been made.

CATCHWORDS:

GUARDIANSHIP – where adult diagnosed with Alzheimer’s dementia – where adult had revealed to in home care services that she had been physically abused by her carer – where allegations made of financial abuse by carer and attorney of adult

INTERIM ORDER – where care needs not being adequately met – whether immediate risk of harm – whether decision maker required to make decisions about wellbeing of adult and to access to financial funds of adult

Guardianship and Administration Act 2000 (Qld), s 12(1), s 22(2), s 129