MN & WN

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QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL


CITATION:

MN & WN [2025] QCAT 261

PARTIES:

In applications about matters concerning MN & WN

APPLICATION NOS:

MN: GAA13825-24, GAA13826-24, GAA13828-24
WN: GAA13819-24, GAA13820-24, GAA13821-24

MATTER TYPE:

Guardianship and administration matters for adults

DELIVERED ON:

19 May 2025 (ex tempore)

HEARING DATE:

19 May 2025

HEARD AT:

Cairns

DECISION OF:

Senior Member Browne

ORDERS:

For applications about matters concerning WN:

1.     The Public Guardian is appointed as guardian for WN for the following personal matters:

(a)     accommodation;

(b)     with whom WN has contract and/or visits; and

(c)     provision of services.

2.     This appointment remains current until further order of the Tribunal. The appointment is reviewable and is to be reviewable in two (2) years.

3. The following Enduring Powers of Attorney for WN are overtaken by the making of this appointment and, in accordance with s 22(2) of the Guardianship and Administration Act 2000 (Qld) can no longer be acted upon to the extent that these appointments have been made:

(a)     The Enduring Power of Attorney dated 11 July 2019 appointing OI as attorney for financial matters.

(b)     The Enduring Power of Attorney dated 25 February 2010 appointing MN and OI as attorneys for personal and health matters.

4.     The application for an order about an Enduring Power of Attorney is dismissed.

5.     The application made by SE for the appointment of an administrator is dismissed.

For applications about matters concerning MN:

1.   The Public Guardian is appointed as guardian for MN for the following personal matters:

(a)     accommodation;

(b)     with whom MN has contract and/or visits; and

(c)     provision of services.

2.     This appointment remains current until further order of the Tribunal. The appointment is reviewable and is to be reviewable in two (2) years.

3. The following Enduring Powers of Attorney for MN are overtaken by the making of this appointment and, in accordance with s 22(2) of the Guardianship and Administration Act 2000 (Qld) can no longer be acted upon to the extent that these appointments have been made:

(a)     The Enduring Power of Attorney dated 12 August 2019 appointing OI as attorney for financial matters.

(b)     The Enduring Power of Attorney dated 16 December 2005 appointing WN and OI as attorneys for personal and health matters.

4.     The application for an order about an Enduring Power of Attorney is dismissed.

5.     The application made by SE for the appointment of an administrator is dismissed.

CATCHWORDS:

HEALTH LAW – GUARDIANSHIP, MANAGEMENT AND ADMINISTRATION OF PROPERTY OF PERSONS WITH IMPAIRED CAPACITY – GUARDIANSHIP AND SIMILAR APPOINTMENTS – where adults reside in aged care facility – where adults had appointed their son as their attorney under an Enduring Power of Attorney for personal, health and financial matters – whether there is a need for a substituted decision-maker – where the views and wishes of the adults are considered – whether the attorney is complying with the provisions of the Powers of Attorney Act 1998 (Qld) – where there are concerns about the suitability…

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Details
Case
[2025] QCAT 261
Decision Date

CaseChat Overview and Summary

The case involved two elderly individuals, MN and WN, who resided in an aged care facility. Their son, OI, had been appointed as their attorney under an Enduring Power of Attorney for personal, health, and financial matters. The dispute arose when concerns were raised about the suitability of OI as the attorney and the appropriateness of certain appointees. The Tribunal was tasked with determining whether there was a need for a substituted decision-maker and whether the Enduring Power of Attorney should be revoked, with OI being removed.

The central legal issues before the Tribunal were whether the requirements under section 12 of the Guardianship and Administration Act 2000 (Qld) had been met, justifying the appointment of a substituted decision-maker, and whether the Enduring Power of Attorney should be overtaken, particularly considering the concerns about OI’s conduct. Additionally, the Tribunal needed to assess the relevance and significance of electronic recordings made without the consent of MN and WN, and whether these recordings could be used to inform their decision-making.

In its decision, the Tribunal found that the requirements under section 12 of the Guardianship and Administration Act 2000 (Qld) had indeed been met, necessitating the appointment of a substituted decision-maker. The Tribunal concluded that there were valid concerns about OI’s suitability as the attorney and the appropriateness of certain appointees, justifying the revocation of the Enduring Power of Attorney and the removal of OI. The Tribunal also recognised the importance of considering the rights of MN and WN, including their right to privacy and the right to be recognised as a person before the law. The Tribunal found that the electronic recordings, although relevant, did not override the need to protect the human rights of the individuals involved. Consequently, the Tribunal appointed the Public Guardian as the guardian for both MN and WN for specified personal matters and dismissed applications related to the Enduring Power of Attorney and the appointment of an administrator.

The final orders of the Tribunal included the appointment of the Public Guardian as the guardian for MN and WN for personal matters, with these appointments to remain in effect until further order and to be reviewed in two years. The Enduring Powers of Attorney for both MN and WN were overtaken, and the applications for an order about the Enduring Power of Attorney and for the appointment of an administrator were dismissed.

Orders

Orders of the court

For applications about matters concerning WN:

1. The Public Guardian is appointed as guardian for WN for the following personal matters:

(a) accommodation;

(b) with whom WN has contract and/or visits; and

(c) provision of services.

2. This appointment remains current until further order of the Tribunal. The appointment is reviewable and is to be reviewable in two (2) years.

3. The following Enduring Powers of Attorney for WN are overtaken by the making of this appointment and, in accordance with s 22(2) of the Guardianship and Administration Act 2000 (Qld) can no longer be acted upon to the extent that these appointments have been made:

(a) The Enduring Power of Attorney dated 11 July 2019 appointing OI as attorney for financial matters.

(b) The Enduring Power of Attorney dated 25 February 2010 appointing MN and OI as attorneys for personal and health matters.

4. The application for an order about an Enduring Power of Attorney is dismissed.

5. The application made by SE for the appointment of an administrator is dismissed.

For applications about matters concerning MN:

1. The Public Guardian is appointed as guardian for MN for the following personal matters:

(a) accommodation;

(b) with whom MN has contract and/or visits; and

(c) provision of services.

2. This appointment remains current until further order of the Tribunal. The appointment is reviewable and is to be reviewable in two (2) years.

3. The following Enduring Powers of Attorney for MN are overtaken by the making of this appointment and, in accordance with s 22(2) of the Guardianship and Administration Act 2000 (Qld) can no longer be acted upon to the extent that these appointments have been made:

(a) The Enduring Power of Attorney dated 12 August 2019 appointing OI as attorney for financial matters.

(b) The Enduring Power of Attorney dated 16 December 2005 appointing WN and OI as attorneys for personal and health matters.

4. The application for an order about an Enduring Power of Attorney is dismissed.

5. The application made by SE for the appointment of an administrator is dismissed.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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