JAB

In the matter of JAB, the court was required to consider the periodic review of an administration order concerning a represented person. The legal issues revolved around whether the represented person still qualified for an administration order, whether she still required an administrator, the suitability of the current administrator, and the conduct of the proceedings before the Tribunal. The court needed to examine the legislative intent of the Guardianship and Administration Act, as well as the evidence presented regarding the represented person's condition and the administrator's conduct.

The court considered the legislative intent behind the Guardianship and Administration Act, as outlined by Heenan J in Re The Full Board of the Guardianship and Administration Board. The court acknowledged that the Act was designed to protect vulnerable adults who require assistance with their personal and financial affairs. The court examined the evidence presented before it, including the administrator's challenge to the existing medical evidence and her proposal to have the represented person assessed by a neurologist. However, the court was left uncertain as to whether the represented person had actually been assessed by the neurologist, as the Tribunal had not received a report from the neurologist. The court also took into account the administrator's conduct, including her intention to seek an injunction against the Tribunal and her complaint to the CCC.

The court determined that the represented person still required an administration order, as she was in need of protection and assistance due to her impaired faculties. However, the court found that the administrator was not suitable for appointment, due to her conduct and the lack of evidence regarding the represented person's condition. The court made an order appointing a new administrator and directed the new administrator to perform certain functions. The court also made an order directing the new administrator to take steps to ensure that the represented person's medical condition was properly assessed and that appropriate reports were provided to the Tribunal.