MV
[2012] QCAT 684
| CITATION: | MV [2012] QCAT 684 |
| PARTIES: | MV |
| APPLICATION NUMBER: | GAA4312-12 |
| MATTER TYPE: | Guardianship and administration matters for adults |
| HEARING DATE: | On the papers |
| HEARD AT: | Brisbane |
| DECISION OF: | Julie Ford, Member |
| DELIVERED ON: | 19 July 2012 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | The appointment of ML and CD as guardians for accommodation decisions for MV is revoked. |
| CATCHWORDS: | Review of appointment – need for decision – where decision made –where informal supports are working |
APPEARANCES and REPRESENTATION:
This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act).
REASONS FOR DECISION
On 20 July 2010 CD and ML were appointed as guardians for their mother, MV, for accommodation matters only by the Tribunal.
A review of this appointment was held on the papers on 19 July 2012. The appointment was revoked as the tribunal member was satisfied that, while MV did not have capacity to make personal decisions for herself, there was no longer a need for the formal appointment of her daughters as guardians for accommodation decisions.
This decision was based on the following:
a) In 2010 the concern was that MV may try to leave her accommodation at the retirement village and return to her home to resolve concerns she has about her capacity to pay to remain in the village. Her daughters were concerned that she could not safely live at home. The Tribunal appointed her daughters ML and CD for accommodation decisions only for two years.
b) The evidence at the tribunal review on the papers on 19 July 2012 is that MV continues to have a diagnosis of chronic schizophrenia, depression and limited insight into the level of care she requires. Dr Springfield considered she did not have capacity to make decisions.
c) However, MV is now well settled in the aged care facility, and participates in activities even though she is becoming frail. She is visited weekly by ML and CD visits annually from Melbourne.
d) The statutory health attorney regime is in place in that ML and CD can make health care decisions for MV as she does not have capacity.
e) The informal supports are working and ML and CD are integral to personal decisions regarding MV.
f) As MV is well settled in the facility there is no longer a need for a formal appointment of guardians to make accommodation decisions.
g) MV’s daughters, ML and CD, are to be commended for their love, care and involvement in their mother’s life. They are able to make those personal health care decisions they have continued to do without a formal appointment.
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