JA

[2020] WASAT 56

JURISDICTION     :   STATE ADMINISTRATIVE TRIBUNAL

ACT: GUARDIANSHIP AND ADMINISTRATION ACT 1990 (WA)

CITATION:   JA [2020] WASAT 56

MEMBER:   DR A DONNELLY, SENIOR SESSIONAL MEMBER

HEARD:   26 MARCH 2020

DELIVERED          :   26 MARCH 2020

PUBLISHED           :   18 MAY 2020

FILE NO/S:   GAA 253 of 2020

GAA 375 of 2020

GAA 424 of 2020

JA

Represented Person

Catchwords:

Guardianship and administration - Capacity - Presumption of capacity - Mental disability - Need for a guardian - Need for an administrator - Family conflict

Legislation:

Guardianship and Administration Act 1990 (WA)

Category:    B

Representation:

Counsel:

Represented Person : In Person

Solicitors:

Represented Person : N/A

Case(s) referred to in decision(s):

Nil

REASONS FOR DECISION OF THE TRIBUNAL:

(These reasons were delivered orally at the conclusion of the hearing.  They have been edited to correct matters of grammar and infelicity of expression.)

1. I will revoke the enduring power of attorney because that is no longer going to be valid or is going to be required.  The enduring power of attorney made on 19 March 2012 appointing the Public Trustee will be revoked.  In relation to guardianship and administration, based on the medical reports I have received, some of which were not particularly helpful but the one from Dr R was, I am satisfied that, because of her Alzheimer's disease, JA does not have the capacity to make the complex decisions that would be needed to make her life as healthy as it should be and as happy as it should be. 

2. She can certainly make simple decisions and I have no doubts about that but, if she does not have the capacity to make complex financial decisions and complex decisions about her day-to-day life.      I do think JA is someone for who guardianship and administration orders can be made and I think should be made.  I will therefore appoint the Public Trustee as JA's plenary administrator and I will include a gifting provision of up to $5,000 a year pending the availability of those funds in her accounts. 

3. I will also appoint the Public Advocate as JA's limited guardian.  We use the term 'limited' because there are only limited functions we are giving the Public Advocate.  We are not saying that the Public Advocate will take over all of JA's life but they are limited functions and those functions will be in relation to making treatment decisions for her, in determining what services would be of benefit to JA including, possibly, a dog and also making arrangements about contact with all of her family to comply with JA's wishes.  I will authorise the Public Advocate to delegate the role of the guardian to one of her staff. 

4. I will set a review period of five years.  That is our standard review period.  Meanwhile, however, if any of the orders need to be changed, if there needs to be changes in or if there needs to be additions to or deletions from the guardianship order, Mrs JA or any of the family can put in an application for review.  You can also appeal my decisions as well, if anyone feels strongly enough to do so, so that any appeal needs to be made within 28 days.  But hopefully the decisions that have been made today will certainly enhance JA's quality of life for the rest of her life. 

5. Under the administration order, I will direct that the Public Trustee is to provide a report on JA's financial situation every six months to JA's three children, HA, MA and JMA. 

Orders

The Tribunal declares that the represented person, JA is:

(a)unable, by reason of a mental disability, to make reasonable judgments in respect of matters relating to all of her estate;

(b)in need of an administrator of her estate;

(c)incapable of looking after her own health and safety;

(d)unable to make reasonable judgments in respect of matters relating to her person;

(e)in need of oversight, care or control in the interests of her own health and safety; and

(f)in need of a guardian.

The Tribunal orders:

Administration

1.The Public Trustee of 553 Hay Street, Perth, Western Australia is appointed plenary administrator of the represented person's estate with all the powers and duties conferred by the Guardianship and Administration Act 1990 (WA).

2.The administrator is authorised to expend up to a total amount of $5,000.00 per annum on gifts on behalf of the represented person.  

3.The enduring power of attorney dated 19 March 2012 by which the represented person appointed THE PUBLIC TRUSTEE to be their attorney, is revoked.

4.The administrator is to provide to the represented person's children, HA, MA and JMA every 6 months a financial statement detailing its administration of the estate of the represented person.

5.The administration order is to be reviewed by              26 March 2025.

Guardianship

6.The Public Advocate of David Malcolm Justice Centre, Level 23, 28 Barrack Street, Perth, Western Australia is appointed limited guardian of the represented person with the following functions:

(a)To make treatment decisions for the represented person, subject to Division 3 of Part 5 of the Guardianship and Administration Act 1990 (WA);

(b)To determine what contact, if any, the represented person should have with others and the extent of that contact;

(c)To determine the services to which the represented person should have access;

7.The Tribunal approves delegation by the Public Advocate of her functions as guardian of the represented person to an officer or employee employed in the Office of the Public Advocate.

8.The guardianship order is to be reviewed by 26 March 2025.

I certify that the preceding paragraph(s) comprise the reasons for decision of the State Administrative Tribunal.

DR A ( Donnelly, SENIOR SESSIONAL MEMBER

18 MAY 2020