KJM

[2018] QCAT 294

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

KJM  [2018] QCAT 294

PARTIES:

In a matter concerning KJM

APPLICATION NO/S:

GAA7418-18

MATTER TYPE:

Guardianship and administration matters for adults

DELIVERED ON:

31 August 2018

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member Endicott

ORDERS:

The application by KJM for leave to withdraw his application for a declaration about capacity is granted.

CATCHWORDS:

GUARDIANS, COMMITTEES, ADMINISTRATORS, MANAGERS AND RECEIVERS – where findings made that adult had impaired decision-making capacity for financial decisions – where adult sought declaration that he did have capacity to make his own financial decisions – where request made by the adult to withdraw his application ­– whether leave should be granted to withdraw the application

Guardianship and Administration Act 2000 (Qld)
Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 46

APPEARANCES:

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld).

REASONS FOR DECISION

1. On 30 July 2015, a declaration was made by the Tribunal that KJM did not have capacity to make his own financial decisions.  The Public Trustee of Queensland had earlier been appointed as his administrator for all financial matters with the most recent order continuing that appointment being made on 10 August 2010.

2. KJM applied to the Tribunal for a declaration that he had capacity to make his own financial decisions on 13 April 2018.  A hearing of that application was commenced on 6 August 2018 and adjourned with directions made for an assessment of his capacity to be conducted by a geriatrician or neuropsychologist.

3. On 24 August 2018, a letter was received by the Tribunal signed by KJM asking that his application for a declaration about his capacity be withdrawn as he had made a decision not to “do any further appeals”.  The only other active party with a direct interest in the application is The Public Trustee of Queensland.  The Public Trustee does not oppose leave being granted to KJM to withdraw the application.

4. Under s 46 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act), applications can be withdrawn by an applicant before the matter is heard and decided by the Tribunal. In matters involving applications made under the Guardianship and Administration Act 2000 (Qld) (Guardianship Act), leave of the Tribunal must be sought before an application can be withdrawn. KJM’s application is made under the Guardianship Act.

5. KJM had filed a recent medical report with his application in which the health professional had expressed an opinion that KJM had capacity to make his own financial decisions.  However, the report did not set out knowledge of the complete decision making history of KJM which had resulted in administration appointments being made from 2006 for KJM.  Many cognitive assessments and clinical examinations by a range of medical professionals have been conducted since 2005. Notwithstanding opinions being expressed that KJM, at times, could understand issues involved with decision-making, the Tribunal has constantly determined that KJM does not demonstrate capacity for making all of his own financial decisions.  These findings followed oral hearings when particulars of KJM’s decision-making processes were fully explored by the Tribunal and the deficiencies in his capacity for understanding consequences of decisions and in his capacity to make decisions freely and voluntarily were revealed.

6. KJM no longer wants to proceed with his application.  There is at present insufficient evidence before the Tribunal that would be likely to support a declaration about capacity. For that reason, directions had been made for further medical information about capacity be obtained.  KJM’s request to withdraw his application suggests that he is not proceeding with the opportunity to obtain specific evidence about his capacity as directed by the Tribunal.  

7. It is appropriate that the application is withdrawn as requested by KJM as the current evidence is insufficient to determine the application in his favour.  I consider that KJM will not be disadvantaged by having his application withdrawn and as such not progress to a hearing based on the currently filed evidence.  He is not prevented from filing another application about capacity if he so chooses in the future. 

8. Leave is granted for KJM to withdraw his application for a declaration about capacity.