KKR

[2009] QCAT 34

CITATION:  KKR [2009] QCAT 34

PARTIES:   KKR

APPLICATION NUMBER:            G19805

MATTER TYPE:   Guardianship and administration matters

HEARING DATE:   10^th December 2009

HEARD AT:   Brisbane

DECISION OF:   Dr Bridget Cullen Mandikos

DELIVERED ON:   10^th December 2009

DELIVERED AT:   Brisbane

ORDERS MADE:   The Tribunal appoints DV as administrator for KKR for 3 months for all financial matters.

CATCHWORDS:  Interim order appointing administrator; urgent financial need; reverse mortgage

APPEARANCES and REPRESENTATION (if any):

On the papers.

REASONS FOR DECISION

1. On 27^th November 2009 an application for an interim order was lodged by KV, the wife of the adult, KKR, seeking the appointment of an administrator.

2. Section 129 of the Act provides for the making of interim orders if the tribunal is satisfied, on reasonable grounds, there is an immediate risk of harm to the health, welfare or property of the adult concerned in an application, including because of the risk of abuse, exploitation or neglect of, or self-neglect by, the adult. 

3. The Tribunal may make an interim order in a proceeding without hearing and deciding the proceeding or otherwise complying with the requirements of the Act.  The maximum period that may be specified in an interim order is 3 months. 

1. The Tribunal considered the following evidence about the adult’s capacity:

Report of Dr Richard Jiang, dated 27^th November 2009, indicating that KKR has dementia, and is unable to make any decisions (other than simple lifestyle and accommodation choices), and has no ability to participate in discussions about his decision making ability.  Dr Jiang states that KKR is able to make decisions freely and voluntarily, and that KKR is not under the influence of any other persons.  In March of 2008, KKR’s MMSE score was 18/30, and in May of 2008, his PAS score 8/30. 

Application of KV, indicating that KKR is unable to make any decisions.  No further details, save for that KKR has been diagnosed with dementia, have been provided by KV.

1. The following issues were raised as the basis for the interim order application:

·the informal decision maker has been told by a financial institution that formal authority is needed to make financial decisions for the adult;

·a contract needs signing or a financial or legal matter needs to be transacted

1. The Tribunal considered the following evidence about those issues:

In her application, KV indicates that a mortgage with the Commonwealth Bank of Australia (“CBA”) “requires changing,” and notes that the mortgage is in joint names.  She further states that the “CBA will foreclose mortgage contract on house if reverse mortgaging is not established,” and that the “CBA has threatened legal action and possible eviction.”

KV further indicates that the mortgage in issue is jointly held.  She estimates the value of the home that is mortgaged at $300,000.00 and states that the mortgage loan amount is approximately $19,300.00.

KV has been married to KKR for 54 years.

Mr Ross Murray, Social Worker, from the Aged Care Assessment Team in Townsville, has contacted QCAT to advise that the matter with the bank is urgent, and confirming KV’s evidence.

1. The Tribunal made the following findings of fact about those issues:

There is an urgent need to attend the matters with the CBA.  KV has a joint interest in the asset and the liability in question, in this case, their marital home.  There is no evidence to suggest any possible financial abuse by KV.  Without immediate action, KKR will suffer financial harm.

1. On the basis of the information provided:

   ·the Tribunal considers that the adult has impaired decision making capacity for the matter

   ·the Tribunal considers there is an immediate risk of harm to the adult’s health, welfare or property

CONCLUSION

1. The Tribunal determines that the need for an interim appointment of an administrator has been established

2. The Tribunal appoints KV as administrator for KKR for 3 months for all financial matters.

1. The administrator, KV, is to provide the Tribunal with written reports about her actions during the period of appointment under this interim order no later than 3 working days prior to the hearing of the application for appointment of administrator.