KLO and HTO (Interim Administration)
[2011] TASGAB 25
•7 October 2011
GUARDIANSHIP AND ADMINISTRATION BOARD
HOBART
KLO AND HTO application for the appointment of an administrator by St John’s Hospital
Neutral citation: KLO and HTO (Interim Administration) [2011] TASGAB 25
REASONS FOR INTERIM DECISION
Anita Smith (President)
Elizabeth Dalgleish (Member)
Catherine Gavan (Member
Date of hearing: 7 October 2011
Administration – interim order appointing an administrator
Guardianship and Administration Act 1995 section 73A
On 4 August 2011, the Board received an application for the appointment of an administrator for both KLO and her husband HTO. The applications were listed for hearing on 7 October 2011. As HTO and KLO’s estates are mostly made up of joint assets and the issues in the applications were similar, the Board heard the applications together. At the conclusion of the hearing, the Board adjourned the matter for a period of 6 months.
Pursuant to section 73A of the Guardianship and Administration Act 1995, if the Board adjourns the hearing of an application and it considers that there may be grounds for making, in respect of a person, an administration order then it may make an interim order appointing The Public Trustee as the administrator of the person's estate and make or give any related orders or directions it considers appropriate in the circumstances.
Might there be grounds for making an administration order for HTO and KLO?
The grounds for making an administration order are that the proposed represented person is a person with a disability, that his or her disability renders him or her incapable of making reasonable judgments about his or her estate and that he or she is in need of an administrator (section 51 of the Guardianship and Administration Act 1995 (the Act)).
With respect to HTO, the Board received reports from Geriatrician, Dr. David Dunbabin (dated 25 July 2011) and Old Age Psychiatrist, Dr. Martin Morrissey (dated 2 September 2011) who both concluded that he has dementia. Dr Dunbabin concluded that HTO has little appreciation of the value of his real and personal estate and has a limited ability to make reasonable decisions in relation to his property.
The Board notes that HTO rejects these reports and he may seek alternative or an updated opinion prior to the next hearing. However, on the basis of the reports available to the Board at this time, the Board concludes that there may be grounds for positive findings pursuant to section 51(1)(a) and (b).
With respect to KLO, the Board received a report from Geriatrician, Dr. David Dunbabin (dated 25 July 2011) who concluded that she has dementia. Dr Dunbabin concluded that KLO has poor short term memory and shows poor judgment regarding her financial situation. Like her husband, he considered that she has little appreciation of the value of his real and personal estate and has a limited ability to make reasonable decisions in relation to his property.
The Board notes that KLO rejects these reports and she may seek alternative or an updated opinion prior to the next hearing. However, on the basis of the reports available to the Board at this time, the Board concludes that there may be grounds for positive findings pursuant to section 51(1)(a) and (b).
From the application, supporting documentation and in discussions at the hearing, the Board is aware that between them HTO and KLO own or manage properties on four separate titles amounting to 15 different residences, as some are divided into flats. The main reason for the application was that HTO and KLO’s son and daughter had a disagreement about whether one of the properties required sale and the terms of rental of the various tenancies. However, at the hearing evidence was given that no property was currently being considered for sale and that HTO and KLO generate approximately $83,000.00 per annum in rental, which is sufficient for their needs. While some properties may be undervalued in rental, the tenants including their daughter had personal relationships with HTO and KLO beyond landlord and tenant which accounted for a shortfall.
Another more discreet issue arose, being that the Health Department had commissioned an Occupational Therapy report suggesting certain alterations to the property in which HTO and KLO reside to make the property safe for KLO in light of her mobility issues. Apparently, HTO and KLO had refused to have those alterations made. The Board was satisfied that a need existed to that extent, subject to further evidence relating to the need for an administrator being brought before the Board on the next occasion.
The Board considered that if decisions need to be made with respect to the sale or rental of properties those decisions may become apparent in the next six months. Accordingly, the Board adjourned the hearing of the applications for six months for the parties to consider whether additional evidence of a need for an administrator had developed.
The Board considered that there may be grounds for making a limited administration order for HTO and KLO.
Conclusion:
HTO:
After hearing an application for an administration order in respect of HTO
And the Board being satisfied that there are grounds for making an interim administration order pursuant to S73A of the Guardianship and Administration Act 1995 in respect of HTO
THE BOARD ORDERS
That the application for administration be adjourned for a period of 6 months.
That pursuant to section 73A The Public Trustee is appointed as administrator of HTO for the period of the adjournment and any subsequent adjournment or until the application is dismissed.
That the powers and duties of the administrator are limited to accessing the represented person’s bank account(s) for the purpose of effecting home modifications as recommended by an Occupational Therapist.
KLO:
After hearing an application for an administration order in respect of KLO
And the Board being satisfied that there are grounds for making an interim administration order pursuant to S73A of the Guardianship and Administration Act 1995 in respect of KLO
THE BOARD ORDERS
That the application for administration be adjourned for a period of 6 months.
That pursuant to section 73A The Public Trustee is appointed as administrator of KLO for the period of the adjournment and any subsequent adjournment or until the application is dismissed.
That the powers and duties of the administrator are limited to accessing the Commonwealth Bank account number [deleted for privacy] for the purpose of effecting home modifications as recommended by an Occupational Therapist.
Anita Smith Catherine Gavan Elizabeth Dalgleish
PRESIDENT MEMBER MEMBER
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