MEL
[2010] QCAT 265
•17 June 2010
| CITATION: | MEL [2010] QCAT 265 |
| PARTIES: | MEL |
| APPLICATION NUMBER: | GAA4419-10 |
| MATTER TYPE: | Guardianship and administration matters |
| HEARING DATE: | 17 June 2010 |
| HEARD AT: | Brisbane |
| DECISION OF: | C Endicott, senior member |
| DELIVERED ON: | 17 June 2010 |
| DELIVERED AT: | Brisbane |
ORDERS MADE: | Warrant issued to Adult Guardian to enter premises and to remove MEL |
| CATCHWORDS : | GUARDIANSHIP – ADULT GUARDIAN APPOINTED AS GUARDIAN – where warrant sought by Adult Guardian to enter premises and to remove adult – section 148 of the Guardianship and Administration Act 2000 – whether immediate risk of harm – whether neglect of adult with impaired capacity |
APPEARANCES and REPRESENTATION (if any):
The hearing took place on the papers in the absence of the parties.
REASONS FOR DECISION
On 17 February 2010 the Tribunal appointed the Adult Guardian as guardian for MEL for decisions about accommodation, health care and provision of services for three years and The Public Trustee of Queensland as administrator for MEL for all financial matters until further order of the Tribunal. In appointing these substitute decision makers, the Tribunal had found that MEL had impaired capacity to make decisions about accommodation, health care and provision of services and about her financial affairs.
MEL resides with her sister, BE, in a regional town. MEL has been diagnosed with a psychiatric disability/mental illness, namely chronic schizophrenia. MEL has a physical disability, namely osteoarthritis, and she requires a walking aid.
The Adult Guardian has applied to the Tribunal seeking a warrant under section 148 of the Guardianship and Administration Act 2000 to enter the adult’s residence and to remove her from that residence on the basis that the guardian holds concerns about the health, safety and wellbeing of MEL while she remains at her current residence under her sister’s care.
The guardian has submitted that there are reasonable grounds for suspecting that MEL is in immediate risk of harm because of neglect, exploitation or abuse. The guardian has submitted that BE is detaining MEL at her current residence against her will and is limiting MEL’s ability to be able to contact other persons or to be contacted by other persons.
Nikhia Griffin, the delegated guardian for MEL, gave evidence that she has spoken to MEL on only a few occasions since 17 February 2010 and not since BE arranged a silent telephone number at the residence in or about April 2010.
Ms Griffin gave evidence that BE locks the house when MEL is alone in the house and she is unable to leave the house. The property where MEL resides has a high perimeter fence and has a gate which is kept padlocked by BE. MEL is unable to leave the property to access the community whenever she wishes.
Police officers and staff from the Office of the Adult Guardian attended at MEL’s residence on 16 April 2010 to relocate her to other accommodation but were refused entry by BE.
The guardian gave evidence that she has not been able to arrange for a health assessment to be carried out and that mental health staff had told the guardian that BE had disagreed with MEL’s diagnosis and had stopped MEL from taking her medication. The guardian stated that the a Mental Health Unit has not been able to have contact with MEL since approximately July 2008.
The guardian gave evidence that BE has refused the guardian contact with MEL and has also refused contact between MEL and her father.
10. The Adult Guardian is unable to implement decisions about accommodation, services and health care for MEL. The guardian is not permitted access to or contact with MEL due to the actions of BE. The guardian is being frustrated in the conduct of the guardian’s duties and cannot enforce decisions made for the proper care and protection of MEL while BE is preventing access to MEL.
11. Taking into consideration the evidence provided by the guardian, the Tribunal finds that MEL is unable to leave her residence at will, is being prevented by BE from having contact with her guardian and her father, is being prevented by BE from accessing treatment for her mental illness from a Mental Health Unit and was prevented by BE from relocating into other accommodation in April 2010.
12. Under section 149(1) of the Guardianship and Administration Act 2000 the Tribunal may issue a warrant to enable the Adult Guardian to enter into a place and to remove an adult if the Tribunal is satisfied there are reasonable grounds for suspecting that there is an immediate risk of harm because of neglect, exploitation or abuse to an adult with impaired capacity.
13. Based on the findings of fact in paragraph 11, the Tribunal is satisfied that reasonable grounds exist for suspecting that MEL is at immediate risk of harm because of abuse by BE. MEL is being prevented from exercising basic human rights of accessing the community and of having contact with persons of her choice. MEL is not being supported to take part in the community as a valued member of society. Her rights to participate to the greatest extent possible in decision making are being denied and her views are not being taken into account.
14. The Tribunal is satisfied that BE, by restricting contact and by preventing MEL departing from her residence, is subjecting MEL to emotional abuse. The guardian has been unable to take effective steps to make decisions and to implement those decisions due to the actions of BE. The guardian must be provided with means to exercise appropriate decision making power for MEL and at the present time the Tribunal is satisfied that issuing a warrant will provide the necessary means for that power to be exercised.
15. The Tribunal issues a warrant enabling the Adult Guardian with necessary and reasonable help and force to enter onto and into the residential premises and any other place necessary for entry, and remove MEL. The Adult Guardian may ask a police officer to help in the exercise of the Adult Guardian’s powers under the warrant.
16. The warrant will enable the Adult Guardian to enter the place specified 24 hours a day and the warrant will have effect from the date of issuing on 17 June 2010 to 30 June 2010 inclusive.
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