JA

[2016] QCAT 528

CITATION: JA  [2016] QCAT 528

PARTIES: JA

APPLICATION NUMBER: GAA10869-16

MATTER TYPE: Guardianship and administration matters for adults

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Senior Member Endicott

DELIVERED ON: 1 November 2016

DELIVERED AT: Brisbane

ORDERS MADE: 1.    The application by JWL for an interim order is dismissed.

CATCHWORDS:

GUARDIANS, COMMITTEES, ADMINISTRATORS, RECEIVERS AND MANAGERS – APPOINTMENT – where an adult with impaired capacity had a guardian  appointed to make certain personal decisions for him – where a second application for an interim order was made by another applicant – where there was already adequate decision-making support to resolve any immediate risks of harm to the adult – whether the application lacked substance – whether there was any immediate risks of harm that called for the further appointment of a decision-maker on an interim basis

Guardianship and Administration  Act 2000 Qld) s129

APPEARANCES:

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. On 10 October 2016, the Tribunal appointed a guardian for JA for three months on an interim basis.  At the time that the interim appointment was made, JA was an inpatient in hospital with a diagnosis of schizo-affective disorder.  The evidence given to the Tribunal was that JA’s understanding of his condition was significantly impaired and he had not been able to understand the goals and functions of the treatment being administered for his condition. 

2. Evidence had also been provided that JWL, the father of JA, had made consistent attempts to interfere in JA’s medical treatment resulting in JWL being banned from attending the hospital where JA was an inpatient.  It was stated by the applicant to the Tribunal that JA was influenced heavily by JWL and that JA planned to return to JWL’s home on discharge from hospital. 

3. As JA objected to the plans of his treating team to discharge him to a mental health rehabilitation service followed by a stay at a Community Care Unit, an application was made to appoint a guardian and administrator for JA.

4. Subsequent to the interim appointment of a guardian, JWL applied to QCAT to be appointed as JA’s guardian and administrator and JWL also sought an interim appointment as a guardian and administrator for JA. QCAT can make an appointment of a decision maker on an interim basis for up to three months under s129(1) of the Guardianship and Administration Act 2000 (Qld) (GAA) without holding a hearing. Before an interim order can be made, the tribunal must be satisfied, on reasonable grounds, that there is an immediate risk of harm to the welfare or property of the adult concerned because of the risk of abuse, exploitation or neglect of the adult. In particular, the risk of harm is in the context of a person with impaired capacity not being able to make decisions for themselves to resolve the issues of harm.

5. The purpose of appointing a decision-maker for an adult with impaired capacity is to provide appropriate and effective support to that person so that decisions can be made.  JA already has a decision-maker appointed to make decisions about his accommodation, health care, services and who he has contact with.  The evidence which had been provided to QCAT had established that due to his serious and complex medical condition, JA needed support for decisions about his discharge from hospital into appropriate and safe accommodation where rehabilitation support could be provided to him. 

6. He is no longer at any immediate risk of harm to his welfare associated with a lack of decision-making support as decisions can be made by his appointed guardian to resolve the issues of harm.  There was no evidence that satisfied the Tribunal that his appointed guardian was not acting appropriately and needed to be replaced.  The application by JWL for the appointment of a guardian on an interim basis lacked any substance when a guardian was already in place for JA.

7. The application by JWL for an interim order was mainly focussed on personal and health care decisions.  However, JWL did state in his application for an interim order that he sought to help JA with everything financial as well.  He stated that he had concerns about the management of JA’s funds where he had been often led into serious detriment and into dangerous situations.  However, JWL also stated that JA or his property was not at an immediate risk of harm. 

8. In the absence of evidence that could reasonably establish that JA’s welfare or property was at an immediate risk of harm, there was no basis for an interim order being made to appoint an administrator for him. As the elements of s129 of GAA were not established, the application by JWL for an interim order was dismissed.