LP

The applicants, the brother and sister of an elderly man, sought to be appointed as guardians and administrators of their father's estate, arguing that he suffered from a mild cognitive impairment and was therefore unable to manage his financial affairs. The single member of the Queensland Civil and Administrative Tribunal dismissed the applications. The applicants appealed to the Full Tribunal, which allowed the appeal and ordered that they be appointed as administrators. The Full Tribunal found that the single member had erred in determining that the applicants had not discharged the onus of proof, and that there was no need for an administrator. The Full Tribunal also found that the single member had erred in not considering a less restrictive alternative to an administration order, such as an Enduring Power of Attorney.
The court was required to determine whether the review by the Full Tribunal of the determination of the single member fell within the 'review' or 'original' jurisdiction of the Tribunal, whether the applicant bears the legal burden of proof in guardianship and administration proceedings, whether the Briginshaw principle applies in such proceedings, whether the presumption of capacity is displaced, whether 'mild cognitive impairment' is a 'mental disability', whether there is a need for a guardian or an administrator, whether there is a less restrictive alternative to an administration order, and who should be appointed as administrator.
The Full Tribunal held that the review by the Full Tribunal of the determination of the single member fell within the 'review' jurisdiction of the Tribunal. The Full Tribunal found that the single member had erred in determining that the applicants had not discharged the onus of proof, and that there was no need for an administrator. The Full Tribunal held that the Briginshaw principle does not apply in guardianship and administration proceedings, and that the presumption of capacity is not displaced. The Full Tribunal found that 'mild cognitive impairment' is a 'mental disability'. The Full Tribunal also found that there was a need for an administrator, but that an Enduring Power of Attorney was a less restrictive alternative to an administration order. The Full Tribunal ordered that the applicants be appointed as administrators.
The Full Tribunal ordered that the brother and sister of the elderly man be appointed as administrators of his estate.