LPJ

[2011] QCAT 177

CITATION: LPJ [2011] QCAT 177

PARTIES: LPJ

APPLICATION NUMBER:   GAA1043-11

MATTER TYPE: Guardianship and administration matters for adults

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: C Endicott, Senior Member

DELIVERED ON: 4 May 2011

DELIVERED AT: Brisbane

ORDERS MADE:      Application for compensation is dismissed.

CATCHWORDS: 

ENDURING POWER OF ATTORNEY – where allegations against former attorney for breach of statutory obligations – where estate of deceased grantor of enduring power of attorney sought compensation from former attorney – where tribunal has no jurisdiction to determine an estate claim after death of grantor

Powers of Attorney Act 1998, ss 106, 109A, 116(d)
Guardianship and Administration Act 2000, ss 81, 82(2), 138AA

APPEARANCES and REPRESENTATION (if any):

The hearing was conducted on the papers in the absence of the parties in accordance with section 32(2) of the Queensland Civil and Administrative Tribunal Act 2009.

REASONS FOR DECISION

1. On 13 February 2007 LPJ appointed GAP and LJM as his attorneys for personal, health and financial matters under an enduring power of attorney.  The power to act as attorneys for financial matters commenced on 13 February 2007. 

2. On 2 March 2010 the tribunal appointed The Public Trustee of Queensland as the administrator for LPJ for all financial matters under an interim appointment.  That appointment overtook the powers for financial matters granted to the attorneys by the enduring power of attorney.  

3. On 20 May 2010 the tribunal revoked the enduring power of attorney and appointed The Public Trustee of Queensland as administrator for LPJ for all financial matters until further order of the tribunal. 

4. LPJ died on 28 June 2010.  GAP is one of the executors of the estate of LPJ.  Probate of the will of the deceased was granted in October 2010. 

5. GAP in her role as executor of the estate of LPJ has lodged an application in the tribunal seeking an order that LJM pay compensation to the estate for losses caused by his failure to comply with his statutory obligations under the Powers of Attorney Act 1998 in the exercise of his powers as the attorney for LPJ.    

6. Both GAP and LJM have provided the tribunal with written submissions as to the jurisdiction of the tribunal to determine this application.  LJM submits that the application does not come within the tribunal’s jurisdiction.   This application is unusual as neither the tribunal nor its predecessor, the Guardianship and Administration Tribunal, has in any earlier case made a determination on an application for compensation after the death of the grantor of the enduring document. 

7. The tribunal prior to the death of LPJ had exercised jurisdiction in relation to him under the provisions of the Guardianship and Administration Act 2000 by appointing an administrator and under the provisions of the Powers of Attorney Act 1998 by revoking the enduring power of attorney dated 13 February 2007.  The question to be determined is whether the tribunal’s jurisdiction under those Acts remains in existence after the death of LPJ.      

8. Unlike the Supreme Court, the…