KJM
[2016] QCAT 489
•31 October 2016
| CITATION: | KJM [2016] QCAT 489 |
| PARTIES: | KJM |
| APPLICATION NUMBER: | GAA11332-16 |
| MATTER TYPE: | Guardianship and administration matters for adults |
| HEARING DATE: | On the papers |
| HEARD AT: | Brisbane |
| DECISION OF: | Senior Member Endicott |
| DELIVERED ON: | 31 October 2016 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. PGEL is appointed guardian for KJM for the following personal matters only: (a) accommodation decisions; (b) with whom KJM has contact and/or visits; (c) health care of KJM; and (d) provision of services for KJM. 2. The Tribunal directs the guardian to provide a written account of their actions as guardian to the Tribunal no later than three (3) working days prior to the hearing. 3. This guardianship appointment remains current for three (3) months or, if the Tribunal makes a further order in this matter, until the date of the further order, whichever is the sooner. 4. PGEL is appointed administrator for KJM for all financial matters. 5. The Tribunal directs the administrator to provide a written account of their actions as administrator to the Tribunal no later than three (3) working days prior to the hearing. 6. This administration appointment remains current for three (3) months or, if the Tribunal makes a further order in this matter, until the date of the further order, whichever is the sooner. |
| CATCHWORDS: | GUARDIANS, COMMITTEES, ADMINISTRATORS, RECEIVERS AND MANAGERS – APPOINTMENT – where an adult has demonstrated cognitive decline – where carer stress present and care arrangements under threat – where informal decision-making has been unable to provide adequate support to the adult – where decisions about the care and support of the adult are required – where family unable to resolve issues about care and support arrangements INTERIM APPOINTMENT - whether the adult is at an immediate risk of harm – whether an interim appointment is required Guardianship and Administration Act 2000 (Qld) – s 12(1) and s 129(1) |
APPEARANCES:
This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act).
REASONS FOR DECISION
KJM is 87 years of age. According to evidence filed in the Tribunal, KJM has significant cognitive decline, she can no longer organise and initiate basic day-to-day household tasks and planning activities. She can attend to simple tasks only with prompting. She demonstrates reduced comprehension and has difficulty processing new and complex information. She demonstrates short term memory loss, has difficulty recalling recent events and completing familiar tasks and she lacks insight into these deficits. She also demonstrates increased confusion and disorientation in a new environment but is oriented within a familiar environment and with family.
KJM lives with her nephew and his wife in their home. Evidence was provided through an aged care assessment that there was significant carer stress and it was recommended that KJM should move into permanent residential aged care. Some preliminary discussions had taken place about placing KJM into residential aged care but no decisions have been made.
PGEL, one of the daughters of KJM, applied to QCAT for the appointment of guardians and administrators for KJM. She provided information that there was considerable conflict within the family as to where KJM should live and be cared for. She stated that the carers had been obstructive in providing members of the family with access to KJM and that there had been occasions when KJM had been upset about living with her carers and had not wanted to return to them. KJM was temporarily staying with PGEL and according to PGEL, she did not want to return her mother to the carer’s home.
QCAT can make appointments of substituted decision-makers under the Guardianship and Administration Act 2000 (Qld) (GAA) if satisfied that the adult in question has impaired decision making capacity, that there are decisions that need to be made and in the absence of an appointment, that the decision making needs of the adult will not be adequately met.[1]
[1]Guardianship and Administration Act 2000 (Qld) – s 12 (1).
PGEL also applied for an interim appointment as a guardian and administrator for KJM. QCAT can make an appointment of a decision maker on an interim basis for up to three months under s129(1) of the GAA without holding a hearing. Before an interim order can be made, the tribunal must be satisfied, on reasonable grounds, that there is an immediate risk of harm to the welfare or property of the adult concerned because of the risk of abuse, exploitation or neglect of the adult.
The evidence provided to QCAT revealed that the carers of KJM were under stress. An assessment conducted on 11 October 2016 identified significant carer stress. The applicant stated that the care arrangements had broken down and were unfixable. The applicant also stated that the carer did not want to continue caring for KJM and that text messages had been sent from KJM’s nephew in mid-October 2016 requesting that KJM be collected straight away. The applicant alleged that issues including what care and support should be provided to KJM were not being addressed and that there had been emotional abuse and suspected financial abuse in the home where KJM lived.
The applicant stated that a family meeting was held in late October 2016 as the carers were looking at options for permanent aged care placements for KJM. It appeared that the family was unable to reach agreement at the meeting and the issues about KJM’s care and support were not resolved. The applicant sought an interim appointment so she could make decisions to facilitate KJM moving out of her then current accommodation into care where she would be safe and her needs could be met.
It was apparent that the family could not reach agreement over the care and support required by KJM. Her current carers were under stress and had indicated on a rather precipitate basis that they could not provide care any longer in mid-October 2016. Although they were later unwilling to relinquish care of KJM, the evidence established that the current care arrangements were no longer satisfactory and decisions were required to put safe and appropriate care arrangements in place. KJM was at an immediate risk of harm due to the lack of effective decision-making support for her.
The evidence also established that informal decision-making support for KJM had broken down. No-one had clear authority to make decisions for the safety and support of KJM. QCAT was satisfied that it was essential that a decision-maker was appointed to make immediate decisions about the accommodation and care of KJM which would also involve making decisions about the use of her funds to pay for ongoing care and accommodation.
The applicant had sought appointment as a sole guardian and administrator on an interim basis for KJM. She would be an appropriate person to make decisions on an interim basis as she was close to KJM and had identified issues that had to be addressed in order for proper decision-making support to be in place. PGEL was appointed to make decisions about accommodation, contact, services, health care and financial matters for KJM until three months so that a hearing of the applications could be held when all of the family could provide their views as to what decision-making support would be required on an ongoing basis for KJM.
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