JRR

[2015] QCAT 182

CITATION: JRR [2015] QCAT 182

PARTIES: JRR

APPLICATION NUMBER: GAA2412-15

MATTER TYPE: Guardianship and administration matters for adults

HEARING DATE: 15 May 2015

HEARD AT: Southport

DECISION OF: Member Mc Donald

DELIVERED ON: 21 May 2015

DELIVERED AT: Brisbane

ORDERS MADE:

1.   The administration order made by the Tribunal on 20 June 2014 is changed by removing BL as administrator and appointing The Public Trustee of Queensland as administrator for JRR for all financial matters.

2.   The Tribunal dispenses with the requirement for the administrator to provide a financial management plan.

3.   The Tribunal directs the administrator to provide accounts to the Tribunal when requested.

4.   This appointment remains current until further order of the Tribunal.  This appointment is reviewable and is to be reviewed in two (2) years.

CATCHWORDS:

Review of Appointment of an Administrator

Guardianship and Administration Act 2000 ss 31, 35

APPEARANCES:
ST, BL

REASONS FOR DECISION

1. JRR’s social worker, ST, sought review of the appointment of BL as administrator. She indicated that the application had been initiated out of concern for BL where she had observed JRR threaten BL for funds. However through the course of proceedings, ST submitted that the appointment of BL as administrator had not proved to be consistent with supporting case goals working towards JRR’s ultimate discharge into the community from his current hospital setting. The review was conducted pursuant to section 31 of the Guardianship and Administration Act 2000.

2. BL, who is JRR’s mother, did not support the application for her removal as administrator. She indicated that she was concerned JRR would blame her for her removal and may not understand that the decision was out of her hands. She was concerned that there would be retaliation based on this possible misunderstanding. She indicated that she understood that the application had been brought out of concern due to instances where she had been intimidated but did not want to be removed as administrator.

3. According to a report of Dr M dated 27 February 2015, JRR is diagnosed with Paranoid schizophrenia, which he described as a serious mental illness. At the time of the report, JRR was an inpatient under an involuntary treatment order on a mental health ward. Further he states that he has limited capabilities to operate and understand consequences of financial affairs.  He considered he was unable to make decisions freely and voluntarily and was capable of only simple financial decisions.

4. ST informed the Tribunal that JRR continued to be ‘extremely unwell’ with fixed delusions. She indicated that he remains under an involuntary treatment order.

5. The medical and allied health evidence presented to the Tribunal indicates that JRR continues to lack the ability to understand the nature and consequences of financial decisions and cannot make decisions freely and voluntarily. Consequently he continues to be unable to manage his finances independently. The evidence outlined by the existing administrator indicates that there continues to be income expenditure and debts which need to be managed. The Tribunal was satisfied the criterion for continuing appointment of an administrator is met.

6. ST expressed a number of concerns about the current appointment. She was concerned that JRR had been observed on a number of occasions to be threatening BL for money. On these occasions he had been seen to demand to money from her while swearing and shouting. She indicated that it had been very difficult to work around decision making because there was not a proper budget set up and it had been difficult to work with JRR around his budget as he was very secretive about his financial affairs. ST experienced this as a barrier to casework planning for JRR’s discharge. She indicated that she was not able to deal with BL about these issues. She further indicated that JRR had ‘banned’ hospital staff from speaking with BL.

7. It became clear through the hearing that BL is not presently managing JRR’s affairs. BL indicated that JRR reclaimed his key card through the bank. She indicated that she had not filed the Tribunal order with the bank. Further, she indicated that she experienced diffiulties with Centrelink who would not accept the order. Prior to JRR resuming his own financial management in December 2014 or January 2015 she recalled, she had paid down debts owing to Cash Converters. Once JRR resumed control he expended these funds which were accumulated in the account from his long stay in hospital without fees, making purchases of a laptop and a number of phones and pairs of jeans, in circumstances that he had thrown away previously purchased phones and jeans. There continues to be an outstanding debt to SPER for $8,000.

8. It is clear from the evidence of ST that there needs to be planning toward JRR’s future needs for accommodation upon discharge. JRR is presently in control of his funds, despite his incapacity. He is obstructive to the hospital staff’s attempts to work toward his future needs for living in the community. Under the current appointment where BL has allowed JRR this control, this creates a significant obstruction to meeting his practical needs.

9. The Tribunal is concerned that the administrator has not acted prudently in ensuring the adult’s funds have been protected. While it is acknowledged that she has experienced difficulty operating under the Tribunal Order, the Tribunal’s financial information pack provided to administrators upon appointment clearly outlines the course of action should this scenario arise. The Tribunal considers that BL is in breach of her obligation under section 35 of the Guardianship and Administration Act 2000 to act with reasonable diligence. Being in breach of this provision of the Act, the Tribunal finds BL is no longer competent to perform the role, and changes the appointment to appoint an alternative administrator. There is no alternative available but the Public Trustee of Queensland.