MD

In this matter, MD sought a review of an administration order and an application for a guardianship order in the Supreme Court of Queensland. The represented person, who suffered from significant disabilities, was previously under the administration of his wife. However, the wife was unwilling to continue in this capacity due to the likely breakdown of their marriage. The represented person required an independent administrator and a guardian to make decisions regarding his accommodation, treatment, and rehabilitation.

The court had to determine the appropriate administrator and guardian for the represented person. It was necessary to consider whether the represented person's parents or the Public Advocate should be appointed as guardian, given the represented person's parents' emotional involvement and potential bias. The court also had to assess if an independent person would be better suited to make decisions for the represented person.

The court concluded that the represented person's parents were suitable to be appointed as joint guardians. The court found that the parents' emotional involvement would not prevent them from making decisions in the best interest of their son, and they were better positioned to make decisions regarding the represented person's accommodation, treatment, and rehabilitation than an independent person. The Public Trustee was appointed as the plenary administrator, and the represented person's parents were appointed as joint guardians.