ML

[2009] QCAT 11

CITATION:      ML [2009] QCAT 11

PARTIES:   ML

APPLICATION NUMBER:            GAA10220-09

MATTER TYPE:   Guardianship and administration matters

HEARING DATE:   10 December 2009

HEARD AT:   Brisbane

DECISION OF:   C Endicott, senior member

DELIVERED ON:   10 December 2009

DELIVERED AT:   Brisbane

ORDERS MADE:   Interim order extending guardian’s authority

CATCHWORDS:  Interim order – pending criminal charges

APPEARANCES and REPRESENTATION (if any):

Hearing on the papers in the absence of parties

REASONS FOR DECISION

1. On 7 December 2009 an application for an interim order about ML (the adult) was lodged by the Adult Guardian, the appointed guardian for ML, seeking to expand the area of decision making authority to include legal mattes not relating to ML’s financial affairs.   

2. Section 129 of the Act provides for the making of interim orders if the tribunal is satisfied, on reasonable grounds, there is an immediate risk of harm to the health, welfare or property of the adult concerned in an application, including because of the risk of abuse, exploitation or neglect of, or self-neglect by, the adult. 

3. The tribunal may make an interim order in a proceeding without hearing and deciding the proceeding or otherwise complying with the requirements of the Act.  The maximum period that may be specified in an interim order is 3 months. 

1. The Tribunal considered the following evidence about the adult’s capacity

health professional report: Dr H had reported on 10 February 2009 that ML had very poor understanding of information about his personal affairs, he could not make simple or complex decisions about his lifestyle due to an acquired brain injury associated with alcohol abuse. 

1. The basis for the interim order application was issues arising from legal matters not involving the adult’s finances or property

1. The Tribunal considered the following evidence about those issues: ML does not have a mental health case worker to assist him.  He has been charged with two indictable offences arising out of an alleged assault on a taxi driver.  The charges are set for mention in a North Queensland Magistrates Court on 11 December 2009.  ML does not have legal representation.  He will have to apply for legal aid. 

1. The Tribunal made the following findings of fact about those issues: ML is due to appear in court on 11 December 2009 on a mention of two indictable charges.  He has not arranged legal representation.  He needs to apply for legal aid and to obtain assistance with the defence of these charges.

1. On the basis of the information provided:

   ·the Tribunal considers that the adult has impaired decision making capacity for the matter

   ·the Tribunal considers there is an immediate risk of harm to the adult’s health, welfare or property

CONCLUSION

1. The Tribunal determines that the need for an interim appointment of a guardian has been established

2. The Tribunal appoints the Adult Guardian as guardian for ML for three months for legal matters not related to ML’s finances or property and in addition to the matters set out in the order of 27 July 2009.