LGA
[2011] QCAT 711
•7 January 2011
| CITATION: | LGA [2011] QCAT 711 |
| PARTIES: | LGA |
| APPLICATION NUMBER: | GAA4956-10 |
| MATTER TYPE: | Guardianship and administration matters for adults |
| HEARING DATE: | 7 January 2011 |
| HEARD AT: | Brisbane |
| DECISION OF: | C Endicott, Senior Member |
| DELIVERED ON: | 7 January 2011 |
| DELIVERED AT: | Brisbane |
ORDERS MADE: | Application for a declaration about capacity is dismissed. |
| CATCHWORDS: | ADMINISTRATION – DECLARATION ABOUT CAPACITY – early end to proceedings – application lacks substance Queensland Civil and Administrative Tribunal Act 2009, s 47 |
APPEARANCES and REPRESENTATION (if any):
The hearing took place on the papers in the absence of the parties.
REASONS FOR DECISION
On 12 August 2008 the Guardianship and Administration Tribunal appointed The Public Trustee of Queensland as the administrator for all financial matters for LGA.
From 1 December 2009 the Queensland Civil and Administrative Tribunal (the tribunal) has replaced the Guardianship and Administration Tribunal. On 5 July 2010 LGA lodged an application with the tribunal seeking a declaration that he has capacity to make his own financial decisions. A report by a health professional accompanied the application.
That report did not support the application for a declaration for capacity. On 6 July 2010 a staff member from the tribunal registry wrote to LGA informing him that his application was not supported by the report he had provided and notifying him that the application would not proceed unless medical support was provided for the declaration that he sought.
As no further medical information was received from LGA, on 28 October 2010 a staff member from the tribunal registry wrote again to LGA informing him that his application would be considered for dismissal unless medical evidence supporting the declaration he sought was provided to the tribunal. The tribunal has received no response to these letters from LGA and has not received medical evidence supporting the declaration of capacity.
General Principle 1 in the Schedule to the Guardianship and Administration Act 2000 states that an adult is presumed to have capacity to make decisions. Whenever the tribunal considers an application about an adult’s capacity for decision making, the tribunal must determine whether the presumption of capacity has been rebutted by evidence satisfactory to the tribunal.
Evidence had been provided to the tribunal and to the former tribunal about LGA’s decision making capacity for financial matters. On 19 May 2008 a doctor at a Brisbane hospital stated in a report that LGA had been diagnosed with schizophrenia. The report stated that LGA was unable to budget, pay bills, plan for the future, understand the consequences of not paying bills, make decisions freely or voluntarily and he could not make any complex financial decisions.
In a report dated 24 June 2010 a medical registrar in mental health in a Secure Unit at a Brisbane hospital stated the existence of an ongoing diagnosis of schizophrenia. The doctor stated that LGA could conduct simple financial tasks providing there was in place overarching budget and planning arrangements. He expressed the opinion that LGA could not make decisions freely and voluntarily and could not make complex financial decisions.
The evidence provided to the tribunal in 2010 and from 2008 states that LGA is diagnosed with schizophrenia, that he cannot budget or plan for his financial future and he cannot make decisions freely and voluntarily. This evidence is capable of rebutting the presumption of capacity. LGA has not provided any evidence to challenge the relevance or cogency of this evidence held by the tribunal about his decision making capacity for financial matters.
The tribunal must deal with matters in a way that is accessible, fair, just, economical, informal and quick. A party to a proceeding in the tribunal is under an obligation set out in section 45 of the Queensland Civil and Administrative Tribunal Act 2009 to act quickly in any dealing relevant to the proceeding. LGA has failed to provide evidence to support his application for a declaration about capacity despite being given an adequate opportunity to do so.
Section 47 of the Queensland Civil and Administrative Tribunal Act 2009 gives the tribunal power to bring a proceeding to an early end if the tribunal considers that an application is frivolous, vexatious or misconceived or is lacking in substance or is otherwise an abuse of process.
The tribunal concludes that the application by LGA for a declaration about his capacity should be brought to an early end in view of his failure to provide supportive capacity information that the tribunal has requested. Without that information the application cannot proceed to a hearing for determination on its merits.
The tribunal considers that the application is lacking in substance and must be dismissed.
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