LJ
[2011] QCAT 379
•2 August 2011
| CITATION: | LJ [2011] QCAT 379 |
| PARTIES: | LJ |
| APPLICATION NUMBER: | GAA5686-11 |
| MATTER TYPE: | Guardianship and administration matters for adults |
| HEARING DATE: | On the papers |
| HEARD AT: | Brisbane |
| DECISION OF: | C Endicott, Senior Member |
| DELIVERED ON: | 2 August 2011 |
| DELIVERED AT: | Brisbane |
ORDERS MADE: | 1. The tribunal is satisfied that urgent action is required. 2. The tribunal, for the purposes of making this Interim order, hereby dispenses with any or all of the procedural requirements of the Act. 3. The Public Trustee of Queensland is appointed administrator for LJ for all financial matters except: (a) investigation and management of any insurance policy and other investments of the adult. 4. The tribunal directs the administrator to provide a written account of their actions as administrator to the tribunal no later than three (3) working days prior to the hearing. 5. This administration appointment remains current for three (3) months or, if the tribunal makes a further order in this matter, until the date of the further order, whichever is the sooner. |
| CATCHWORDS: | ADMINISTRATION – interim order requested – immediate risk of harm Guardianship and Administration Act 2000, s 129 |
APPEARANCES and REPRESENTATION (if any):
The hearing took place on the papers in the absence of the parties under section 32 of the Queensland Civil and Administrative Tribunal Act 2009.
REASONS FOR DECISION
MI, the sister of LJ, applied to the tribunal for the appointment of an administrator for LJ who is resident in a nursing home. According to MI, the nursing home fees for her brother had not been paid for three months and his pharmacy accounts were also overdue.
According to information provided to the tribunal, direct debit arrangements for the payment of the nursing home fees were being dishonoured and there were regular withdrawals being made via automatic teller machines from the bank account of LJ.
The tribunal had been provided with medical evidence that indicated that LJ had been diagnosed with a number of serious medical conditions and an inference could be reasonably drawn that he had not been directly involved in the various withdrawals.
The tribunal had on 22 March 2011 appointed an administrator for LJ for the limited purpose of investigating and dealing with any insurance policy owned by LJ but did not appoint an administrator to make decisions about any other financial matter as the informal arrangements in place appeared to meet the then needs of LJ.
The tribunal was informed on 25 July 2011 that there were now claims that a person was misappropriating the money of LJ and according to the copies of his bank statements provided to the tribunal, there appeared to be some credible basis for those allegations. The tribunal formed a preliminary view that the informal arrangements for decision making about the financial affairs of LJ had failed.
The tribunal has the power to appoint decision makers for adults with impaired decision making capacity. Appointments of decision makers are generally made after a hearing of the application and after the adult in question and his family or support network has an opportunity to state their views about the proposed appointment. However the Guardianship and Administration Act 2000 does have provisions that permit appointments to be made on an interim basis prior to a hearing and without prior notice being given to the adult.
Section 129 of that Act states that the tribunal can make an interim appointment if the tribunal is satisfied, on reasonable grounds, that there is an immediate risk of harm to the welfare or property of the adult concerned.
On the evidence of the unpaid nursing home and pharmacy accounts and the evidence of regular withdrawals from his bank account, the tribunal was satisfied that there was an immediate risk of harm to LJ. His placement in the nursing home may become at risk due to non payment of care and accommodation fees and his pharmacy supplies could be ceased due to non payment of his pharmacy accounts. His funds appear to have been used for purposes other than the support of LJ.
The tribunal was satisfied that an administrator should be appointed on an interim basis to manage LJ’s financial affairs until such time as a hearing could be held.
[10] The applicant sought the appointment of The Public Trustee of Queensland as administrator for LJ. In the absence of any other proposed appointee willing to consent to that role, the tribunal found that The Public Trustee of Queensland would be an appropriate appointee as administrator on an interim basis.
[11] The appointment specifically excluded the power to deal with any insurance policy owned by LJ as there was already an administrator who had authority to act on those limited areas. There was no evidence available to the tribunal that the other administrator had inappropriately placed at risk those particular assets that may be owned by LJ.
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