MJJ
[2014] QCAT 580
•9 October 2014
| CITATION: | MJJ [2014] QCAT 580 |
| PARTIES: | MJJ |
| APPLICATION NUMBER: | GAA9202-14 |
| MATTER TYPE: | Guardianship and administration matters for adults |
| HEARING DATE: | On the papers |
| HEARD AT: | Brisbane |
| DECISION OF: | Senior Member Endicott |
| DELIVERED ON: | 9 October 2014 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. The Public Trustee of Queensland is appointed administrator for MMJ for all financial matters. 2. The Tribunal directs the administrator to provide a written account of their actions as administrator to the Tribunal no later than three (3) working days prior to the hearing. 3. This administration appointment remains current for three (3) months or, if the Tribunal makes a further order in this matter, until the date of the further order, whichever is the sooner. |
| CATCHWORDS: | GUARDIANSHIP – where adult has cognitive impairment – where funds taken and police complaint to be made – where income had ceased INTERIM ORDER – where decisions needed to restore income payments – where immediate risk of harm – whether interim order should be made Guardianship and Administration Act 2000 (Qld) ss12 and 129 |
This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act).
REASONS FOR DECISION
MJJ has a cognitive impairment. He resides in a caravan on land owned by his friend, AB. An application was made by AB for the appointment of a guardian and administrator for MJJ to make some personal and financial decisions for MJJ.
The tribunal can make appointments of substituted decision makers if satisfied that the adult in question has impaired decision making capacity, that there are decisions that need to be made and in the absence of an appointment, that the decision making needs of the adult will not be adequately met.[1] Appointments are made after a hearing by the tribunal.
[1]Guardianship and Administration Act 2000 (Qld) s 12(1).
According to evidence from AB, significant sums of money had been taken from MJJ. The police had been notified but they were not prepared to investigate the complaint or to proceed with charges as they considered that MJJ was incapable of making the complaint due to his cognitive impairment.
AB sought the appointment of an administrator to seek recovery of the missing funds by making a complaint to the police and to take any other immediate recovery action. AB also raised concerns about the need for an administrator to deal with Centrelink as MJJ’s income support payments had ceased and he needed the payments to resume.
AB also sought an interim order appointing an administrator. QCAT can make an appointment of a decision maker on an interim basis for up to three months under section 129 of the Guardianship and Administration Act 2000 (Qld) without holding a hearing. Before an interim order can be made, the tribunal must be satisfied, on reasonable grounds, that there is an immediate risk of harm to the welfare or property of the adult concerned.
According to the evidence before the tribunal, MJJ had been the subject of fraud or theft of substantial funds. His income had ceased and he required assistance to pursue recovery action and to reinstate his Centrelink income. These tasks cannot wait until an administrator was appointed after a hearing of the applications took place. The tribunal was satisfied that the evidence had established that there was an immediate risk of harm to MJJ’s welfare and financial resources.
The tribunal appointed The Public Trustee of Queensland as the administrator for all financial matters for MJJ on an interim basis for three months until a hearing of AB’s applications could take place. By virtue of the interim appointment, steps could be taken immediately by the administrator to restore MJJ’s income and to make a complaint on behalf of MJJ to the police about the missing funds.
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