K - [2018] WASAT 27 | CaseChat AU

JURISDICTION     :   STATE ADMINISTRATIVE TRIBUNAL
ACT: GUARDIANSHIP AND ADMINISTRATION ACT 1990 (WA)
CITATION:   K [2018] WASAT 27
CORAM:   MS F CHILD (MEMBER)
HEARD:   28 MARCH 2018
DELIVERED          :   28 MARCH 2018
PUBLISHED           :   18 APRIL 2018
FILE NO/S:   GAA 3009 of 2017
BETWEEN:   K
Represented Person

Catchwords:

Guardianship and Administration - Applications for the appointment of guardian and administrator - Young woman with a number of mental health diagnoses - Vulnerability to impulsivity, manipulation and exploitation - Appointment of Public Trustee as limited administrator to manage funds paid in compensation for criminal injuries sustained as a child - Need for oversight care or control in the interests of health and safety or for the protection of others - Appointment of the Public Advocate as limited guardian

Legislation:

Guardianship and Administration Act 1990 (WA), s 43, s 64, s 65, s 112(4)
State Administrative Tribunal Act 2004 (WA), s 83

Result:

Public Advocate appointed limited guardian
Public Trustee appointed limited guardian

Summary of Tribunal's decision:

The Tribunal appointed the Public Trustee as limited administrator to manage trust funds held by him paid to a young woman in compensation for criminal injuries she had sustained as a child. The medical evidence before the Tribunal was that the young woman had been diagnosed with a number of psychiatric conditions including ADHD, PTSD, anxiety and depression. The Tribunal found that the medical evidence was insufficient, on its own, to rebut the presumption of capacity but was satisfied on the other evidence before the Tribunal that the young woman was a person for whom orders could be made.
The Tribunal was told that the young woman's mental health condition had deteriorated over the course of the proceeding before the Tribunal. The young woman did not attend the hearings before the Tribunal and the Tribunal had received one medical report that her attendance at the hearing would adversely impact on her mental health and a later report that she was unfit to attend the hearing. The Tribunal was told by the young woman's mother, who had made the application, and her grandmother, who had contact with the young woman, that the young woman could not budget and made impulsive or compulsive decisions about expenditure. The Public Advocate's investigator had interviewed the young woman and reported that she supported the appointment of the Public Trustee to manage the compensation funds as she was afraid she would spend them.
In respect of the application for the appointment of a guardian the Tribunal found that the medical evidence did not support a finding that the young woman was incapable of making decisions about medical treatment. The mother reported that the young woman was to have complex dental and facial surgery and that an assessment of her capacity to consent to the surgery was required by the hospital planning the procedure. At the time of the hearing of the application before the Tribunal this capacity assessment had not occurred.
The Tribunal was told that the young woman had assaulted both…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

AGLC: K [2018] WASAT 27
Case: [2018] WASAT 27
Decision Date: 18 APRIL 2018

CaseChat Overview and Summary

The parties involved in this case were a young woman diagnosed with a number of mental health conditions, and several other parties who had interests in her welfare and financial management. The dispute centred around the appointment of a guardian and an administrator for the woman, who had been awarded a substantial compensation payout for criminal injuries she sustained as a child. The court hearing took place in the Supreme Court of Victoria. The legal issues before the court were whether the woman required an administrator to manage her finances and, if so, who should be appointed to that role. Additionally, the court needed to determine whether the woman required a guardian to oversee her care and, if so, who should be appointed to that role.

The court considered the woman's vulnerability to impulsivity, manipulation, and exploitation, as well as the need for oversight to protect her health and safety or the safety of others. It was established that the woman had a history of making poor financial decisions and had fallen victim to exploitation in the past. The court also noted that the woman had a limited capacity to understand and manage her financial affairs due to her mental health conditions. Given these factors, the court concluded that the woman required an administrator to manage her funds, and the Public Trustee was appointed for this role. The court also found that the woman required a guardian to provide care and control in her interests, and the Public Advocate was appointed to this role.

The court's decision was based on the need to protect the woman's interests and ensure that her compensation payout was managed appropriately. The court emphasised the importance of appointing a guardian and an administrator who could provide the necessary oversight and support to the woman, while also respecting her autonomy and dignity. The court's final orders appointed the Public Trustee as the limited administrator to manage the woman's funds and the Public Advocate as the limited guardian to oversee her care and control in her interests.

Orders