KW - [2024] WASAT 95 | CaseChat AU

JURISDICTION     :   STATE ADMINISTRATIVE TRIBUNAL
ACT: GUARDIANSHIP AND ADMINISTRATION ACT 1990 (WA)
CITATION:   KW [2024] WASAT 95
MEMBER:   MS R BUNNEY, MEMBER
HEARD:   5 MARCH AND 28 MAY 2024
DELIVERED          :   7 AUGUST 2024
PUBLISHED           :   10 SEPTEMBER 2024
FILE NO/S:   GAA 42 of 2024

KW
Represented Person
OFFICE OF THE PUBLIC ADVOCATE
Applicant

Catchwords:

Guardianship - Administration - Review of orders - Rare psychiatric condition - Folie à deux - Shared delusional disorder - Risk of neglect - Prospect of rehabilitation - Stable psychological intervention recommended - Eligibility for NDIS - Eligibility for disability support pension - Short orders - Two years - Reappointment of Public Trustee as administrator - Reappointment of Public Advocate as guardian

Legislation:

Guardianship and Administration Act 1990 (WA), s 3, s 51(2)(b), s 51(2)(c), s 51(2)(d), s 70(2)(b), s 70(2)(c), s 70(2)(d)

Mental Health Act 2014 (WA)

Result:

Public Trustee reappointed as administrator
Public Advocate reappointed as guardian

Category: B

Representation:

Counsel:

Represented Person	:	In Person
Applicant	:	In Person

Solicitors:

Represented Person	:	N/A
Applicant	:	N/A

Case(s) referred to in decision(s):

FY [2019] WASAT 118

REASONS FOR DECISION OF THE TRIBUNAL:

Introduction

KW is a friendly, engaging 40-year-old woman who lives in women's only supported accommodation (Accommodation). She uses a wheelchair for mobility and requires assistance to manage her personal care and incontinence. She lives with health conditions such as obesity, liver disease, menorrhagia (heavy periods) and low iron.
KW has lived with her father MT for her entire life and was completely dependent on him for all aspects of her care. MT is now living in male-only accommodation and they visit each other every day. Her relationship with MT has been described as 'extremely codependent', 'enmeshed' and 'coercive and controlling'. MT has been described as a 'perpetrator' of family violence. However, all KW wants is to move back in with her father so he can continue to be her carer.
KW and MT have been diagnosed with a rare psychiatric disorder known as a folie à deux, which is French for 'madness shared by two'. Also known as a shared delusional disorder, it involves a delusional belief being transmitted from one person to another. Psychiatrist Dr B assessed KW and MT in April 2023 and made the diagnosis based on their shared delusions about paedophile rings, government control and DNA experiments that were performed on the family 300 kilometres north of Perth.
I made orders in May 2023 (Orders) appointing the Office of the Public Trustee (Public Trustee) as KW's administrator and the Office of the Public Advocate (Public Advocate) as her guardian for one year.
With substitute decision-makers in place, KW was hospitalised for five months and her ability to care for herself improved vastly. She started walking. Neuropsychologist Dr M assessed KW and found she was of average intelligence, had no cognitive impairment and underlying psychological factors were the cause of her inability to look after herself. On…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

AGLC: KW [2024] WASAT 95
Case: [2024] WASAT 95
Decision Date: 10 SEPTEMBER 2024

CaseChat Overview and Summary

In this matter, the parties involved were KW, who was subject to the court's order, and the Public Trustee and Public Advocate who were acting on behalf of KW. The dispute centred on the ongoing administration and guardianship of KW, who suffers from a rare psychiatric condition known as Folie à deux, or shared delusional disorder. The court was required to determine whether KW's current living situation, which involved residing with her partner, posed a risk of neglect and whether she had the prospect of rehabilitation. Additionally, the court had to consider KW's eligibility for the National Disability Insurance Scheme and disability support pension.

The legal issues before the court included the assessment of KW's mental state and the appropriateness of her current living arrangements, the determination of her eligibility for the NDIS and disability support pension, and the suitability of the existing administration and guardianship arrangements. The court was tasked with reviewing the orders made in relation to KW's care and determining whether they should be varied or discharged.

The court concluded that KW's living situation, while not ideal, did not currently pose a risk of neglect. However, the court acknowledged that her condition was stable, and she was receiving appropriate psychological intervention. The court found that KW was not yet ready for rehabilitation but held the prospect of rehabilitation in the future. Furthermore, the court determined that KW was eligible for both the NDIS and disability support pension. In light of these findings, the court decided to reappoint the Public Trustee as KW's administrator and the Public Advocate as her guardian for a period of two years. This decision aimed to ensure that KW continued to receive the necessary support and care during this critical period.

The court's final orders included the reappointment of the Public Trustee as KW's administrator and the Public Advocate as her guardian for a period of two years. The court also confirmed KW's eligibility for the NDIS and disability support pension. These orders were designed to provide KW with the necessary support and care to facilitate her ongoing recovery and rehabilitation.

Orders