Ler (No 2) - [2018] QCAT 431

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

LER (No 2) [2018] QCAT 431

PARTIES:

In applications about matters concerning LER

APPLICATION NO/S:

GAA7512-16; GAA1886-17; GAA1887-17; GAA484-18

MATTER TYPE:

Guardianship and Administration matters for adults

DELIVERED ON:

17 December 2018

HEARING DATE:

12, 13 February and 17 May 2018

HEARD AT:

Brisbane

DECISION OF:

Member Traves

ORDERS:

ADMINISTRATION

1.   The application for review of the appointment of an administrator is dismissed.

2.   The appointment of the Public Trustee of Queensland as administrator for LER for all financial matters is continued.

3.   The Tribunal dispenses with the requirement for the administrator to provide a financial management plan.

4.   The Tribunal directs the administrator to provide accounts to the Tribunal when requested.

5.   This appointment remains current until further order of the Tribunal. This appointment is reviewable and is to be reviewed in three (3) years.

NOTICE OF INTEREST IN LAND

6.   Before 17 March 2019 the administrator must:

(a)   Record the appointment as administrator on any property registered in the adult’s name with the Registrar of Titles by lodging the appropriate notice with a copy of the Tribunal’s appointment decision.

(b)   Provide confirmation to the Tribunal that this has been completed by providing:

i)     A copy of the title search conducted identifying the adult’s property; and

ii)   A copy of the Titles registry “Lodgement Summary Form” confirming the notice has been lodged for each property held by the adult.

(c)    If no property is held, a Record of a search of the Land Registry, from the Registrar of Titles confirming no property is held.

7.   If the ownership of any property of the adult changes in any way or the adult acquires an interest in another property the administrator must, within fourteen (14) days of such changes:

(a)   Give a copy of this order to the Registrar of Titles; and

(b)   Give notice to the Registrar about the changes or the adult’s interest in another property.

DIRECTIONS

8.   The Tribunal directs that:

(a)   The Public Trustee of Queensland is to advance an amount of up to $75,000 for bathroom and laundry renovations at LER’s place of residence upon production of relevant invoices; and

(b)   The Public Trustee of Queensland is to advance an amount of up to $150,000 for the purchase of a new motor vehicle payable forthwith upon production of a relevant invoice.

GUARDIANSHIP

9.   The guardianship order made by the Tribunal on 30 October 2014 is changed by appointing the Public Guardian as guardian for LER for decisions about the following personal matters:

(a)   with whom LER has contact and/or visits;

(b)   health care; and

(c)    legal matters not relating to the adult’s financial or property matters.

10. This appointment remains current until further order of the Tribunal. This appointment is reviewable and is to be reviewed in three (3) years.

CATCHWORDS:

HEALTH LAW – GUARDIANSHIP, MANAGEMENT AND ADMINISTRATION OF PROPERTY OF PERSONS WITH IMPAIRED CAPACITY – GUARDIANSHIP AND SIMILAR APPOINTMENTS – where review of the appointment of an administrator –…

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.

Continue reading Ler (No 2)

Details

AGLC: Ler (No 2) [2018] QCAT 431
Case: [2018] QCAT 431
Decision Date: 17 December 2018

CaseChat Overview and Summary

This matter involved a review of the appointment of an administrator and a guardian for a person with impaired capacity, as well as directions for financial management. The application was brought before the Tribunal under the Guardianship and Administration Act 2000. The primary legal issues were whether the adult had impaired capacity for financial decisions, whether the proposed appointee was more appropriate than the Public Trustee of Queensland, and whether the Public Guardian should be appointed as the guardian for certain personal matters.

The Tribunal found that the adult had impaired capacity for financial decisions and that the Public Trustee of Queensland was competent to act as the administrator. The Tribunal dismissed the application for a new appointee and continued the appointment of the Public Trustee of Queensland as the administrator. The Tribunal also dispensed with the requirement for the administrator to provide a financial management plan and directed the administrator to provide accounts when requested. The Tribunal further directed the Public Trustee of Queensland to advance funds for bathroom and laundry renovations and the purchase of a new motor vehicle upon production of relevant invoices.

The Tribunal appointed the Public Guardian as the guardian for certain personal matters, including decisions about whom the adult has contact and/or visits, health care, and legal matters not relating to the adult's financial or property matters. The Tribunal ordered the administrator to record the appointment on any property registered in the adult's name with the Registrar of Titles and to provide confirmation of this to the Tribunal. If the ownership of any property of the adult changes or the adult acquires an interest in another property, the administrator must give notice to the Registrar of Titles within fourteen days of such changes.

The Tribunal made orders regarding the appointment of the administrator and guardian, as well as directions for financial management, to ensure the best interests of the adult are protected and their property and finances are managed appropriately.

Orders

Orders of the court

ADMINISTRATION

1. The application for review of the appointment of an administrator is dismissed.

2. The appointment of the Public Trustee of Queensland as administrator for LER for all financial matters is continued.

3. The Tribunal dispenses with the requirement for the administrator to provide a financial management plan.

4. The Tribunal directs the administrator to provide accounts to the Tribunal when requested.

5. This appointment remains current until further order of the Tribunal. This appointment is reviewable and is to be reviewed in three (3) years.

NOTICE OF INTEREST IN LAND

6. Before 17 March 2019 the administrator must:

(a) Record the appointment as administrator on any property registered in the adult’s name with the Registrar of Titles by lodging the appropriate notice with a copy of the Tribunal’s appointment decision.

(b) Provide confirmation to the Tribunal that this has been completed by providing:

i) A copy of the title search conducted identifying the adult’s property; and

ii) A copy of the Titles registry “Lodgement Summary Form” confirming the notice has been lodged for each property held by the adult.

(c) If no property is held, a Record of a search of the Land Registry, from the Registrar of Titles confirming no property is held.

7. If the ownership of any property of the adult changes in any way or the adult acquires an interest in another property the administrator must, within fourteen (14) days of such changes:

(a) Give a copy of this order to the Registrar of Titles; and

(b) Give notice to the Registrar about the changes or the adult’s interest in another property.

DIRECTIONS

8. The Tribunal directs that:

(a) The Public Trustee of Queensland is to advance an amount of up to $75,000 for bathroom and laundry renovations at LER’s place of residence upon production of relevant invoices; and

(b) The Public Trustee of Queensland is to advance an amount of up to $150,000 for the purchase of a new motor vehicle payable forthwith upon production of a relevant invoice.

GUARDIANSHIP

9. The guardianship order made by the Tribunal on 30 October 2014 is changed by appointing the Public Guardian as guardian for LER for decisions about the following personal matters:

(a) with whom LER has contact and/or visits;

(b) health care; and

10. This appointment remains current until further order of the Tribunal. This appointment is reviewable and is to be reviewed in three (3) years.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	LER (No 2) [2018] QCAT 431
PARTIES:	In applications about matters concerning LER
APPLICATION NO/S:	GAA7512-16; GAA1886-17; GAA1887-17; GAA484-18
MATTER TYPE:	Guardianship and Administration matters for adults
DELIVERED ON:	17 December 2018
HEARING DATE:	12, 13 February and 17 May 2018
HEARD AT:	Brisbane
DECISION OF:	Member Traves
ORDERS:	ADMINISTRATION 1. The application for review of the appointment of an administrator is dismissed. 2. The appointment of the Public Trustee of Queensland as administrator for LER for all financial matters is continued. 3. The Tribunal dispenses with the requirement for the administrator to provide a financial management plan. 4. The Tribunal directs the administrator to provide accounts to the Tribunal when requested. 5. This appointment remains current until further order of the Tribunal. This appointment is reviewable and is to be reviewed in three (3) years. NOTICE OF INTEREST IN LAND 6. Before 17 March 2019 the administrator must: (a) Record the appointment as administrator on any property registered in the adult’s name with the Registrar of Titles by lodging the appropriate notice with a copy of the Tribunal’s appointment decision. (b) Provide confirmation to the Tribunal that this has been completed by providing: i) A copy of the title search conducted identifying the adult’s property; and ii) A copy of the Titles registry “Lodgement Summary Form” confirming the notice has been lodged for each property held by the adult. (c) If no property is held, a Record of a search of the Land Registry, from the Registrar of Titles confirming no property is held. 7. If the ownership of any property of the adult changes in any way or the adult acquires an interest in another property the administrator must, within fourteen (14) days of such changes: (a) Give a copy of this order to the Registrar of Titles; and (b) Give notice to the Registrar about the changes or the adult’s interest in another property. DIRECTIONS 8. The Tribunal directs that: (a) The Public Trustee of Queensland is to advance an amount of up to $75,000 for bathroom and laundry renovations at LER’s place of residence upon production of relevant invoices; and (b) The Public Trustee of Queensland is to advance an amount of up to $150,000 for the purchase of a new motor vehicle payable forthwith upon production of a relevant invoice. GUARDIANSHIP 9. The guardianship order made by the Tribunal on 30 October 2014 is changed by appointing the Public Guardian as guardian for LER for decisions about the following personal matters: (a) with whom LER has contact and/or visits; (b) health care; and (c) legal matters not relating to the adult’s financial or property matters. 10. This appointment remains current until further order of the Tribunal. This appointment is reviewable and is to be reviewed in three (3) years.
CATCHWORDS:	HEALTH LAW – GUARDIANSHIP, MANAGEMENT AND ADMINISTRATION OF PROPERTY OF PERSONS WITH IMPAIRED CAPACITY – GUARDIANSHIP AND SIMILAR APPOINTMENTS – where review of the appointment of an administrator –…