LEW
[2017] QCAT 162
•24 May 2017
CITATION: | LEW [2017] QCAT 162 |
PARTIES: | LEW |
APPLICATION NUMBER: | GAA1245-16; GAA779-17; GAA780-17 |
| MATTER TYPE: | Guardianship and administration matters for adults |
HEARING DATE: | 24 May 2017 |
HEARD AT: | Southport |
DECISION OF: | Member McDonald |
DELIVERED ON: | 24 May 2017 |
DELIVERED AT: | Southport |
ORDERS MADE: | 1. LEW has capacity for all personal and financial matters. 2. The appointment of the Public Guardian as Guardian for LEW for decisions about legal matters not related to the adult’s finances or property is revoked. 3. The appointment of the Public Trustee of Queensland as administrator for LEW for managing all financial matters except Centrelink payments is revoked. |
CATCHWORDS: | Declaration of Capacity, Review of the Appointment of Guardian, Review of the Appointment of an Administrator Guardianship and Administration Act 2000 (Qld) Schedule 1 and 4, section 31 |
APPEARANCES:
LEW, AC, AS ( PTQ), CF, (PG) on 27 February 2017.
On 24 May 2017, this matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act).
REASONS FOR DECISION
LEW sought review of the appointment of a Guardian and Administrator and a Declaration that she had capacity to make all personal and financial decisions. The matter proceeded to oral hearing on 27 February 2017, and was adjourned with a direction for further evidence of capacity to be filed. The matter was finally decided upon the papers following the receipt of the medical report of Dr M.
LEW had earlier withdrawn an application for a Declaration of Capacity at a hearing of 18 May 2016. At that hearing she was informed by the Tribunal that she would require a report of a Psychiatrist to support any further application for a Declaration of Capacity.
At the hearing of 27 February 2017, the Tribunal had the medical reports Dr P, who described himself as her General Practitioner of 35 years. His report of 25 October 2016 indicated that LEW was capable of making decisions freely and voluntarily, and was fully competent in decision making in relation to personal health, accommodation and lifestyle and financial decisions. He had indicated a mini-metal state examination had been conducted which returned a score of 30/30.
Dr P’s further correspondence to the Tribunal of 26 October 2016 indicated that LEW had been diagnosed with a delusional disorder in 2014, wherein she was under an involuntary treatment order. He stated that she has remained well since 2015, and is no longer treated with medication. He said she has no features of a psychotic disorder and is competent to manage her affairs. He indicated that he had referred her to a psychiatrist in relation to her capacity to make decisions, but that he did not provide her with a report.
On the face of it, Dr P’s evidence was clear, however, LEW presented at the hearing quite inconsistently to this report. Her affairs relating to her living circumstances are heavily entwined with very complex family law matter, which appears finalised, but the outcome of which continues to be disputed by LEW. There are court orders requiring that she vacate the former matrimonial property, but she claims that the police have told her that she can continue to live there. She spoke of a conspiracy relating to the complex family law proceedings. Her evidence of this at the hearing was convoluted and unclear, and she had difficulty clarifying the nature of her concerns. Her plans around her living arrangements were coloured by her discussion of the conspiracy against her.
LEW indicated through the oral hearing that Dr P was a personal friend of hers. Given her inconsistent presentation at hearing, the Tribunal had some concerns about the independence of this evidence. The Tribunal made directions that LEW attend upon a psychiatrist in for a capacity assessment. This matter had clearly been specified to LEW at the Hearing in 2016, and she concurred that she had attempted to see a psychiatrist, but he failed to provide a report.
The Public Guardian subsequently filed a report from Dr M, Consultant Geriatric Psychiatrist, who assessed LEW in April 2017. Dr M’s report of 26 April 2017 notes that LEW had been assessed as having a delusional disorder in 2014, and had an admission to Logan Hospital at the time. She indicated that in her discussion with LEW she “started talking about her husband and all the things he had done such as logging into her mobile phone, monitoring her computers and controlling how it is run. However, when I asked her to stop talking about her husband all the things that had happened since their marriage in 2006, she turned out to be completely coherent and rational and her train of thought was amazing.”
Dr M assessed that LEW did not have impaired judgement, and was able to rationally discuss her goals, and weigh the considerations around renting vs owning property. She found no evidence of perceptual disturbance or memory loss. She noted that LEW’s thoughts reflected significant anxiety about the future and considered that she had ongoing grief and loss issues. She had assessed LEW’s insight and noted that she had identified that her “pre-occupation with her husband’s treatment and her preoccupation about a lot of things with the property settlement which probably got her into difficulties in the first place.” Dr M further noted “I must say there is some vulnerability there as she is quite preoccupied about her husband.“
Dr Ms clearly concludes that there is no mental health axis 1 disorder, and no reason why she should not be managing her financial and lifestyle decisions.
The medical evidence before the Tribunal clearly indicates that she is able to understand the nature and consequences of personal and financial decisions, can make these freely and voluntarily and communicate these decisions.
The test for Capacity as outlined at Schedule 4 of the Guardianship and Administration Act 2000 is satisfied.
The Tribunal declares that LEW has Capacity for all personal and financial decisions. The appointments of the Public Trustee as administrator and Public Guardian must be revoked under section 31 of the Act as there are no grounds for the appointment to continue.
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