KPJ

[2019] QCAT 204

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

KPJ [2019] QCAT 204

PARTIES:

In applications about matters concerning KPJ

APPLICATION NO/S:

GAA2451-19

GAA4611-19

MATTER TYPE:

Guardianship and administration matters for adults

DELIVERED ON:

29 April 2019

HEARING DATE:

29 April 2019

HEARD AT:

Brisbane

DECISION OF:

Member Bayne

ORDERS:

ADULT EVIDENCE ORDER

1.   The Tribunal orders that pursuant to s 106 of the Guardianship and Administration Act 2000 (Qld) relevant information may be obtained from KPJ in the absence of anyone else.

GUARDIANSHIP

2.   The Public Guardian is appointed as guardian for KPJ for the following personal matters:

(a)    Accommodation;

(b)    Provision of services, including in relation to the National Disability Insurance Scheme.

3.   This appointment remains current until further order of the Tribunal. The appointment is reviewable and is to be reviewed in one (1) year.

CATCHWORDS:

HEALTH LAW – GUARDIANSHIP, MANAGEMENT AND ADMINISTRATION OF PROPERTY OF PERSONS WITH IMPAIRED CAPACITY – GUARDIANSHIP AND SIMILAR APPOINTMENTS presumption of capacity – conflicting evidence on capacity – whether presumption of capacity sufficiently rebutted – whether there is a requirement for a decision maker to be appointed – defunding of a funded service provider – impact on adult – NDIS funding

Guardianship and Administration Act 2000 (Qld), s 5, s 7, s 12, s 14, s 15, Schedule 1, Schedule 4

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 46

APPEARANCES & REPRESENTATION:

Adult:

KPJ

Public Guardian:

HB and ST

Public Trustee:

CF

Interested Person/s:

AJ – Advocate

SJ – DCDSSS

DeAT – DCDSS

GT – M

BJ – friend

WN – friend

O’FM - friend

REASONS FOR DECISION

1. There were two applications before me on 29 April 2019:

   (a)one filed by the Public Trustee of Queensland seeking the appointment of a guardian for KPJ; and

   (b)one filed by KPJ’s advocate seeking an adult evidence order for him.

2. From January to April 2019, KPJ had continually expressed his desire, and intent, to remain living in the residential arrangements at PA in which he had lived for some years and with his carer BJ with whom he had developed a close relationship.

3. He had continued to argue adamantly that no details have ever been given to him as why he was moved, against his wishes, from this home. He has informed a number of parties, and this Tribunal, that no-one has ever explained to or discussed with him in any detail the reasons for the move: all he had been told was that his home at PA was ‘dangerous’ and ‘unsafe’ for him.

4. KPJ considered that he will be found to have capacity (to make his own complex personal and health matters) at the QCAT hearing and would immediately move back into his home at PA in Brisbane.

Background

1. KPJ, born on 21 March 2000, has been diagnosed with Arthrogryposis Multiplex Congenita; his functioning also complicated by epilepsy. KPJ relies on an electric wheelchair, hoist and access to a wheelchair-accessible motor vehicle, and will require full 24 hour care for all of his life.