MAD
[2014] QCAT 123
| CITATION: | MAD [2014] QCAT 123 |
| PARTIES: | MAD |
| APPLICATION NUMBER: | GAA 8702 -13; GAA 1515 -14 |
| MATTER TYPE: | Guardianship and administration matters for adults |
| HEARING DATE: | 11 March 2014 |
| HEARD AT: | Queensland |
| DECISION OF: | Member Johnston |
| DELIVERED ON: | 3 April 2014 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. The Tribunal declares that the Applicant MAD has capacity to manage her financial affairs. 2. The appointment of the Public Trustee of Queensland as administrator for MAD is hereby revoked. |
| CATCHWORDS: | APPOINTMENT OF GUARDIAN AND ADMINISTRATOR - with a need for appointments Guardianship and Administration Act 2000 (Qld) |
APPEARANCES and REPRESENTATION (if any):
| MAD | The adult Sister Rights in Action/Advocate Friend Public Trustee of Queensland official Public Trustee of Queensland official |
REASONS FOR DECISION
MAD is a 55 year old divorced Caucasian woman who lives with her twin sister in a small rural community. She works part time as a security officer and receives a disability support pension. She has been under the Public Trustee of Queensland (“the Trustee”) since 2009 when her mental state deteriorated.
The Tribunal received a request from MAD’s sister to review the appointment of the Trustee. MAD subsequently lodged an application for a declaration in relation to capacity.
Does MAD have capacity to manage her own financial decisions?
MAD told the Tribunal that she was well and thought that she could make her own financial decisions. She denied that she has a mental illness and does not accept that she needs treatment from the mental health service. Her Involuntary Treatment Order had been revoked and she had been without medication for five months without any relapse occurring.
SCS stated that her twin sister had been placed under considerable stress in 2009 and in 2012 when placed under the Involuntary Treatment Order under the Mental Health Act. On the first occasion it was her ex-husband took her to the mental health unit and on the second occasion it was her mother took her to the mental health unit. She agreed that her sister was quite unwell on each of these occasions due to the stressors that she had in her life at those times.
OA said to the Tribunal that he had lived with MAD and SCS for a period of eight months and he was quite sure from his observations of MAD that she was capable of making her own decisions.
GJ told the Tribunal that MAD had managed her wages herself and has spoken to the Centrelink about making adjustments to her disability support pension when she was working. She is aware of her bills and when she needs support from the Trustee from her disability support pension payments. She is aware of her debts and plans ahead to meet them. She has demonstrated abilities consistent with an ability to manage her own finances.
WD informed the Tribunal that MAD had done a budget setting out how she would manage her disability support pension. She is of the view that MAD has capacity to manage her financial affairs.
Dr Una Stephenson who has been MAD's treating psychiatrist has provided a Health Professional Report. In that report Dr Stephenson says that MAD suffers from bipolar affective disorder. This is a mental illness that relapses from time to time. Dr Stephenson is of the view that when MAD is well she is very well and able to manage her affairs. Dr Stephenson is concerned that there is a risk with MAD not taking her medication that she will have a relapse. When she is unwell she has been unable to make good financial decisions Dr Stephenson is of the view given MAD's history that there is a high risk that she will deteriorate at some time in the future. Dr Stephenson supports the appointment of MAD’s sister SCS as the administrator being a protective factor. She currently has good judgement about financial matters but needs an administrator (her sister) in case of her relapsing. She says that MAD has spent time over the last several years in hospitals addressing her psychiatric illness. When she is unwell she is unable to handle her financial affairs competently.
Dr Digby Hoyle who is MAD’s general practitioner also provided a Health Professional Report. He has known MAD for a period of two years and thinks that she is able to manage her financial affairs. She was diagnosed with a schizoaffective disorder in 2009. He says that her Involuntary Treatment Order was discontinued on 2 February 2014 and that her mental state is currently stable. He believes that she is capable of managing her financial affairs including complex financial decisions. While she has a previous history of psychiatric illness she is currently capable.
The Tribunal was disappointed that no one from the mental health service attended to support MAD at the hearing. The attendance of a representative from service in the circumstances would have been very helpful.
The Tribunal makes the following findings of fact:
i) Dr Stephenson has been MAD's treating psychiatrist for the last two years;
ii) Dr Hoyle has been MAD’s General Practitioner for the last two years;
iii) MAD's history with the mental health service goes back to 2009 when she received treatment for several months;
iv) MAD is currently well and her mental state is stable;
v) MAD is very capable of managing her own affairs when she is well;
vi) Dr Stephenson is worried that at some time in the future MAD might have a relapse and lose her capacity to make good financial decisions;
vii) MAD's twin sister SCS and their friend OA are prepared to support MAD manage her finances if the need arises; and
viii) SCS is sharing accommodation with MAD and will be in an excellent position to monitor her well-being.
Discussion of the evidence
MAD's admission in 2012 means that she has been in contact with the mental health service from 2009 to 2013 a period of four years. The Tribunal prefers the evidence of Dr Stephenson in relation to evidence regarding MAD's mental health. Dr Hoyle may be an excellent Doctor but does not specialise in mental health. The Tribunal would like to see MAD well for a long period without a relapse or recurrence of any psychiatric illness as that would be a more reliable indication of whether or not MAD has a mental illness or not.
The Tribunal does however accept the evidence of Dr Stephenson that MAD is at this moment very capable of making her own decisions. Dr Stephenson’s concern is that MAD has a relapsing form of mental illness and that there is a high risk of her deteriorating if she becomes unwell. There is evidence before the Tribunal of the risks that exist if MAD does become unwell. The fact that in 2009 her ex-partner had to have her admitted; and in 2012 her mother had to have admitted indicate the seriousness of MAD's deterioration when she became unwell. She does not acknowledge how unwell she was at these times. However her sister SCS confirmed that MAD was quite unwell prior to both these admissions.
The evidence of MAD's twin sister SCS and their friend AO and Dr Hoyle are that MAD's mental state is currently good and they believe MAD is able to make her own decisions.
MAD has used the bulk of her funds to purchase accommodation. This leaves a term deposit of around $12,500 held by the Trustee; her wages and her pension to be managed. She has provided the Tribunal with a budget. GJ told the Tribunal that has a good understanding of the need to plan to pay her future bills.
The Tribunal can take into account the types of decisions that might need to be made and the size of the adult assets in looking at capacity. MAD’s estate has been greatly simplified with the purchase of accommodation.
The Tribunal notes in relation to the need for an appointment that MAD has demonstrated an ability to manage her wages. She has demonstrated the ability to notify Centrelink about her earnings. She has shown she understands the need for funds to pay her bills on a timely basis. This capability lowers the risks. GJ told the Tribunal that the Trustee had no evidence of vulnerability or poor decision-making. The purchase of a unit has utilised most of MAD savings. This seems an appropriate decision. She has allowed her sister to move in with her. Her sister is prepared to work with her either informally or formally as her administrator. This spells out how much she is prepared to support her sister. This is a significant protective factor. If MAD’s mental state deteriorates her family have demonstrated the ability to work with the mental health service to ensure that MAD gets treatment. The Tribunal is of the view that there is not an unreasonable risk to MAD's finances. The purchase of the unit reduces the risks. It leaves MAD with $12,500 held with the Trustee and her wages and pension payment. This is quite different from having the responsibility of managing $240,000.
The Tribunal can also take into account the support that MAD has around her. Her twin sister is an excellent support. The advocacy group Rights in Action are involved and are supporting MAD. If MAD’s mental health deteriorates sometime in the future then MAD’s supports will need to get the mental health service involved so that MAD's mental health and finances and not with our unreasonable risk.
The Tribunal makes the following orders:
1. The Tribunal declares that the Applicant MAD has capacity to manage her financial affairs.
2. The appointment of the Public Trustee of Queensland as administrator for MAD is hereby revoked.
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