MG

[2011] QCAT 713

CITATION: MG [2011] QCAT 713

PARTIES: MG

APPLICATION NUMBER: GAA9233-11

MATTER TYPE: Guardianship and administration matters for adults

HEARING DATE: 18 November 2011

HEARD AT: Brisbane

DECISION OF: Professor A Ashman, Member

DELIVERED ON: 18 November 2011

DELIVERED AT: Brisbane

ORDERS MADE:     

1.    The appointment of the Public Trustee of Queensland as administrator for MG for all financial matters is continued.

2.    The Tribunal dispenses with the requirement for the administrator to provide an updated financial management plan.

3.    The Tribunal directs the Administrator to provide accounts to the Tribunal when requested.

4.    The appointment remains current until further order of the Tribunal.  This appointment is reviewable and is to be reviewed in one year.

5.    The Administrator shall within 3 months:

(a) identify, by way of a search of the records held by the Registrar of Titles or other means, any interest in real property registered in the name of MG;

(b) lodge with the Registrar of Titles a copy of this order and a notice notifying the Registrar of any interest in land held by the adult which is subject to this administration order.

(c) provide to the Tribunal:

(i)      a copy of the search of records held by the Registrar of Titles referred to above and;

(ii)     a copy of the lodgement summary with the dealing number showing lodgement of the order in respect of any interests in land held by the adult which is subject to this administration order.

6.    If any change is made in an interest in land held by the adult which is the subject of this administration order or if there are any further dealings in land on behalf of the adult by the administrator, the administrator shall lodge with the Registrar of Titles within fourteen days of the finalisation of such interest a copy of this order and a notice (in a form prescribed by the Registrar of Titles), concerning such changes or dealings.

7.    The administrator pay, from the adult’s funds, any fee associated with the above notices.

CATCHWORDS:

Review of the appointment of an administrator

Guardianship and Administration Act 2000, ss 31, 118

Queensland Civil and Administrative Tribunal Act 2009, s 61

APPEARANCES and REPRESENTATION (if any):

This matter was heard on the papers.

REASONS FOR DECISION

1. The matter before the Tribunal is a periodic review of the appointment of an administrator for MG.  The Tribunal notes that The Public Trustee of Queensland was appointed on 20 July 2010 for one year and there was an extension of four months ordered on 18 July 2011.

Notice of Hearing

1. When undertaking the review of an appointment, the Tribunal is required under s 31 of the Guardianship and Administration Tribunal Act 2000 to take the matter into consideration as though it were coming to the Tribunal for the first time. The Tribunal is aware that the Notice of Hearing was given on 15 November 2011. The presiding member, therefore, has abridged the time to allow the review to proceed pursuant to s 61 of the Queensland Civil and Administrative Tribunal Act 2009 and s 118 of the Guardianship and Administration Act 2000.

2. There is a file note dated 15 November 2011 that reports a telephone conversation between MG and a member of the Tribunal’s registry staff.  The file note indicates that MG was notified of the need for the hearing today and although she was a concerned about the short notice provided, she was comfortable with the hearing proceeding today, and for the decision to be reviewed at another location at some time in the future.

Does MG have decision-making capacity for financial matters?

1. The Tribunal has taken into consideration two Health Professional Reports by psychiatrist, Dr RS.  The first of these was dated 19 May 2010.  Dr S has given a diagnosis of paranoid schizophrenia.  In that Health Professionals Report he indicates that MG is vulnerable to exploitation and makes reference to her spending large amounts of money.  Dr S gives the opinion that MG is only able to undertake simple decisions in personal health care matters.

2. The Tribunal also has on file a copy of an Involuntary Treatment Order dated 11 May 2010 and there is an amended Health Professionals Report from Dr S that was received by the Tribunal on 31 May 2011.  That report reiterates information provided the previous Health Professionals Report.

3. The Tribunal finds that MG has schizophrenia and a history of vulnerability to exploitation in financial matters.  The presumption of capacity for financial matters contained in the Guardianship and Administration Act 2000 is rebutted.

Is there a need for the appointment of an administrator?

1. The Tribunal moved then to consider the need for the appointment of an administrator.  The Tribunal has noted a Tribunal Briefing Report from The Public Trustee of Queensland.  In that report it is indicated that MG has been receiving her own pension, managing her day-to-day affairs, and is doing some paid work.

2. There are matters raised about MG’s bankruptcy and a property jointly held with her estranged husband.  It appears from the documentation provided that this matter remains current and given MG’s limited decision-making capacity in financial matters, it is likely that she would experience difficulty dealing with the financial implications of both bankruptcy and gaining release of funds from the jointly owned property.  That would necessitate the appointment of an administrator.  The Tribunal finds, therefore, that there is a need for the appointment of an administrator.

Who is the most appropriate appointee as administrator?

1. The Public Trustee of Queensland is the only option available as administrator at this stage.  Given the complexity of the financial matters, the Tribunal finds that the appointment of the Public Trustee is appropriate and appoints The Public Trustee of Queensland until further order of the Tribunal, that order being reviewable within 12 months.

[10]  This is a plenary appointment.  The Public Trustee of Queensland is required to provide Notice to the Registrar of Titles in relation to the jointly held property and fulfil the obligations set out in the order of the Tribunal.