NXM

[2017] QCAT 267

CITATION:

NXM [2017] QCAT 267

PARTIES:

NXM

APPLICATION NUMBER:

GAA7541-17

MATTER TYPE:

Guardianship and administration matters for adults

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member Joachim

DELIVERED ON:

12 July 2017

DELIVERED AT:

Brisbane

ORDERS MADE:

1.   The application for an interim order is dismissed.

CATCHWORDS:

GUARDIANS, COMMITTEES, ADMINISTRATORS, MANAGERS AND RECEIVERS – APPOINTMENT – where adult in hospital – where no immediate risk of harm identified whilst adult is in hospital – whether interim order should be made

Guardianship and Administration Act 2000 (Qld), s 129

APPEARANCES:

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

1. NA, a key worker in mental health at a south-east Queensland hospital, applied to the Tribunal by application received on 10 July 2017, seeking the appointment of the Public Guardian as guardian for NXM. On the same day, an application was received from NA for an interim order.

2. NA is an occupational therapist and case-manager for NXM. NXM has a diagnosis of paranoid schizophrenia, mild intellectual disability and has an emotionally unstable personality disorder.

3. NXM has poor cognition, is non-compliant with medication and has poor emotional regulation. He has historically made very poor choices around his accommodation and lifestyle habits. He is also vulnerable to being taken advantage of.

4. I am satisfied that NXM is not able to make decisions for himself in relation to most of his personal healthcare and lifestyle and accommodation choices.

5. At the time of the application, NXM was in the south-east Queensland hospital. Under s 129 of the Guardianship and Administration Act 2000 (Qld), the Tribunal can make an interim order in circumstances where there is an imminent risk of harm to the adult. The application for an interim order does not reveal to me why NXM is at an immediate risk of harm, given that he is in hospital and potential harm may only occur if he returns to the community.

6. Whilst he is in the hospital, I am unable to find that he is at imminent risk of harm. In these circumstances, I will not grant the interim order. In acknowledging that the matter is relatively urgent, the matter will be listed for hearing as soon as practicable.