JTL
[2015] QCAT 153
•27 April 2015
| CITATION: | JTL [2015] QCAT 153 |
| PARTIES: | JTL | |
| APPLICATION NUMBERS: | GAA1845-15 | |
| MATTER TYPE: | Guardianship and administration matters for adults | |
| HEARING DATE: | 27 April 2015 | |
| HEARD AT: | Brisbane |
| DECISION OF: | Member Casey |
| DELIVERED ON: | 27 April 2015 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. The appointment of the Public Trustee of Queensland as administrator for JTL for all financial matters is continued. 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. The appointment is reviewable and is to be reviewed in two (2) years. |
| CATCHWORDS: | Capacity of adult, need for administrator, appropriateness of appointee – Guardianship and Administration Act 2000 (Qld) |
APPEARANCES and REPRESENTATION (if any):
The following parties attended the hearing:
JTL adult
NE social worker
MK team Leader/ Deaf Services Queensland
BJ support worker / Deaf Services Queensland
RM interpreter (Auslan)
PD representative of the Public Trustee of Queensland
FM social work student
David Manwaring, a solicitor from Queensland Advocacy Incorporated, was granted leave to represent the adult.
REASONS FOR DECISION
JTL (the adult) is a 21 year old indigenous woman. She has a significant hearing impairment and requires Auslan interpretation. The adult is subject to a forensic order under the Mental Health Act 2000 and receives treatment and care in a mental health rehabilitation facility in Brisbane.
On 28 April 2014 the Tribunal appointed the Public Trustee of Queensland as administrator for the adult for all financial matters until further order of the Tribunal. The appointment was reviewable and was to be reviewed in 12 months.
The periodic review of the appointment of an administrator for the adult was heard in Brisbane on 27 April 2014.
Does JTL have capacity to make financial decisions?
The Tribunal is required to determine capacity as at the date of hearing in accordance with section 12 of the Guardianship and Administration Act 2000 (Qld), (the Act), as the Tribunal must be satisfied that the adult has impaired capacity before it can further consider the review of the appointment of an administrator for the adult.
JTL is presumed to have capacity in accordance with section 7 of the Act and general principle 1 of schedule 1 under the Act. The Tribunal considered the medical evidence and submissions from the parties to determine if the presumption of capacity has been rebutted for the adult.
The Tribunal’s medical evidence includes a report dated 31 March 2015 by Dr Pangajawathani Ketheesan, a psychiatry registrar, who has known the adult since November 2014. He states that in addition to having prelingual deafness the adult has a diagnosis of paranoid schizophrenia. He provides the adult is subject to a forensic order under the Mental Health Act and her treatment includes antipsychotic and mood stabilizing medication. The adult is approved for limited community treatment that includes leave from the mental health facility under the escort of mental health staff. Dr Ketheesan states that although the adult has demonstrated significant improvement in her mental state since her admission to the facility in February 2014, she continues to require support with complex problem solving tasks. He provides the opinion the adult is able to make simple, not complex, financial decisions and needs ‘help’ and ‘assistance’ with financial matters. He further states the adult ‘still has the vulnerability to be influenced’ and ‘will be benefitted by the guidance from Public Trust’.
The Tribunal also had the benefit of an undated report by Zonia Weiderman, an occupational therapist at The Park Centre for Mental Health, which was received by the Tribunal on 31 January 2013. In the report Zonia Weiderman states she last saw the adult on 16 January 2013. She states the adult has schizophrenia and low-to-average intellectual functioning, along with a history of alcohol and cannabis abuse in forced remission within the confines of the facility’s high secure inpatient service. She submits the adult has demonstrated poor financial planning and has difficulty adhering to budgets. She states these factors, together with poor communication, literacy and numeracy skills, and a desire to provide financial support to family members, render her vulnerable to financial exploitation. Zonia Weiderman provides the opinion the adult is unable to make all financial decisions.
David Manwaring’s submissions included that while the adult would ‘ideally’ seek the removal of the Public Trustee of Queensland as her administrator, she ‘readily identifies she doesn’t have the skills’ to manage her finances and that she requires support. He submitted the adult is seeking the administrator to have a ‘supervisory role’ while she starts to assume responsibility for paying her bills and managing her income and assets.
JTL told the Tribunal she was unaware of the source or amount of her income, although she was aware the administrator deposited living expenses of $50 into her Suncorp account every Tuesday. She named the types of expenses she incurs, (for example, electricity, rent, food, medication), but did not know the costs of the individual items that the administrator pays on her behalf. While the adult was correct in saying she has no current liabilities, she was unable to state the amount of her cash assets. The adult submitted that she wanted the Public Trustee of Queensland to remain as her administrator, and that she is seeking to increase her skill development, along with her participation in budgeting and bill paying, whilst subject to an administration order.
Members of the adult’s rehabilitation and support networks affirmed her submissions. NE stated the adult is developing money management skills as part of her rehabilitation plan and that there is ‘still work to be done’. Staff from Deaf Services Queensland submitted they are able to support the adult in such rehabilitation activities, in conjunction with the adult’s treating team, as she requires communication in her target language, along with time, repetition and confidence.
Conclusion
The evidence establishes that JTL has a diagnosis of paranoid schizophrenia and a history of alcohol and substance abuse.
She has deficits in communication, numeracy, literacy, problem-solving and planning.
The adult is vulnerable to financial exploitation and is unable to understand the nature and effect of decisions in relation to her financial matters.
Having regard to the medical, written and oral evidence the Tribunal is satisfied that the presumption contained in General Principle 1 of the Guardianship and Administration Act 2000 (Qld) that presumes that the adult has capacity for financial matters is rebutted.
What financial decisions are required for the adult?
The evidence in relation to the adult’s financial circumstances follows.
The adult’s assets consist of approximately $3470 in the Public Trust cash account and a total of $1399 held in two Suncorp accounts.
Her fortnightly income is approximately $990, consisting of the disability support pension and rental assistance.
Expenses include accommodation (charged at approximately $32 daily), and fortnightly living expenses of $100.
There are no liabilities.
The adult’s annual budget has a surplus of approximately $1400.
Conclusion
The adult has assets, income and expenses that require protection and management to ensure her needs are met and that funds are available for accommodation and living expenses into the future.
There must be an adequate and effective decision making regime in place for JTL for financial matters as otherwise her needs will not be met and her interests will not be protected.
Should the appointment of the current administrator be continued, or is another appointment more appropriate?
When conducting a review of the appointment of a guardian or administrator, the Tribunal must take into account section 31 of the Guardianship and Administration Act 2000 which provides that the Tribunal must revoke its order making the appointment unless it is satisfied it would make an appointment if a new application for an appointment were to be made. The Tribunal may make an order removing an appointee and replacing that person only if the Tribunal considers that the appointee is no longer competent or another person is more appropriate for appointment.
In the period under review the Public Trustee of Queensland has protected the adult’s income and assets and has made funds available for her accommodation, health care, everyday expenses and community access. The administrator has liaised with the adult and all interested parties, and has taken into account the views and aspirations of the adult should the Public Trustee of Queensland be reappointed.
At the hearing, the representative of the Public Trustee of Queensland responded to the adult’s request to increasingly engage in her financial management, in a manner that is commensurate with her skill development, and under the protection of an administration order with the support of her treating team and Deaf Services Queensland. The representative provided an undertaking, should the Public Trustee of Queensland be reappointed as administrator for the adult, ‘to allow greater freedom’ to the adult. He stated his intention to formulate and provide a written document outlining his undertaking to relevant stakeholders.
The Tribunal is satisfied that the Public Trustee of Queensland is able to liaise with all interested parties, assess the relative merits of options for decisions on financial matters and make decisions that best meet the adult’s needs in accordance with the General Principles.
The Tribunal is also satisfied the appointment of the Public Trustee of Queensland as administrator for the adult is appropriate to ensure that the adult’s financial needs are met and her financial interests are protected.
Conclusion
The Tribunal determines, pursuant to s 31 of the GAA Act, that the Public Trustee of Queensland is competent and that no other person is more appropriate for appointment as administrator for the adult.
The Tribunal continues the appointment of the Public Trustee of Queensland as administrator for JTL to make decisions about all financial matters.
The Tribunal dispenses with the requirement for the administrator to provide a financial management plan.
The Tribunal directs the administrator to provide accounts to the Tribunal when requested.
This appointment remains current until further order of the Tribunal. This appointment is reviewable and is to be reviewed in two (2) years, allowing time for the adult to increase her money management skills.
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