OB
[2010] QCAT 271
•16 June 2010
| CITATION: | OB [2010] QCAT 271 |
| PARTIES: | OB |
| APPLICATION NUMBER: | GAA178-10 |
| MATTER TYPE: | Guardianship and administration matters |
| HEARING DATE: | 16 June 2010 |
| HEARD AT: | Brisbane |
| DECISION OF: | C Endicott, senior member |
| DELIVERED ON: | 16 June 2010 |
| DELIVERED AT: | Brisbane |
ORDERS MADE: | Appointment of The Public Trustee of Queensland as administrator for all financial matters |
| CATCHWORDS : | Section 12 Guardianship and Administration Act 2000 - need for decisions about financial matters – administrator appointed |
APPEARANCES and REPRESENTATION (if any):
The hearing took place on the papers in the absence of the parties.
REASONS FOR DECISION
OB is 64 years of age. He resides in supported accommodation. He was first diagnosed with schizophrenia when he was aged 19 and he continues to receive treatment for that psychiatric disorder. He is under an involuntary treatment order.
A community case manager from the Mobile Intensive Treatment team, Mental Health Services, has applied to the Tribunal seeking the appointment of an administrator for OB.
When determining that application, the Tribunal must first consider whether OB has capacity for decision-making about his financial matters. There is a presumption at law that all adults have the capacity to make their own decisions. That presumption can be rebutted by medical and other evidence.
The Tribunal was provided with a report from Leanne Nathan, a registered nurse at a Community Mental Health Clinic dated 5 January 2010 in which it was stated that Ms Nathan had known OB for 12 months. Ms Nathan reported that OB has been diagnosed with schizophrenia and noted that he had a deteriorating mental state, poor impulse control and impaired judgement. She stated that OB was subject to an involuntary treatment order. Ms Nathan stated that an assessment had revealed significant deficits in attention, memory and executive functioning.
Ms Nathan was of the opinion that OB had a very poor level of functioning in relation to the management of his financial affairs. She was of the opinion that OB could not make simple or complex financial decisions due to his psychiatric disability. She stated that OB had a long history of mental illness and that he had been first admitted to hospital in 1965 with a diagnosis of schizophrenia at age 19.
The Tribunal was provided with an occupational therapy report dated 3 January 2010 about OB. In that report it was revealed that he could not state the amount of his fortnightly income, he could not identify the bills he had to pay regularly, he could not explain what budgeting meant, he could not compile a weekly budget, he could not explain what it means to prioritise spending of money, he could not analyse a sample budget, he articulated unrealistic goals, and he could not reliably interpret a sample bill for a common household expense.
The evidence from Ms Nathan and the occupational therapy assessment revealed the presence of significant deficits in cognitive functioning. This evidence has not been contradicted and is accepted by the Tribunal. The Tribunal finds that OB has been diagnosed with schizophrenia since the age 19, he acts impulsively, he cannot understand nor implement budgeting of his income and expenditure and he has deficits in attention, memory and executive functioning.
The Guardianship and Administration Act 2000 (the Act) defines capacity as: “capacity”, for a person for a matter, means the person is capable of-
a)understanding the nature and effect of decisions about the matter; and
b)freely and voluntarily making decisions about the matter; and
c)communicating the decisions in some way.
The Tribunal concludes that OB cannot understand the nature and effect of decisions about his financial affairs as he does not appreciate the consequences of his actions, he cannot understand how to budget or why budgeting his limited income is necessary. The Tribunal is satisfied that the presumption of capacity has been rebutted and that OB has impaired decision making capacity about financial matters.
10. The applicant seeks the appointment of an administrator for OB. Section 12 of the Act deals with the question of need for an appointment of a guardian or administrator and provides, where relevant, as follows:
(1) The tribunal may, by order, appoint a guardian for a personal matter, or an administrator for a financial matter, for an adult if the tribunal is satisfied—
(a) the adult has impaired capacity for the matter; and
(b) there is a need for a decision in relation to the matter or the adult is likely to do something in relation to the matter that involves, or is likely to involve, unreasonable risk to the adult’s health, welfare or property; and
(c) without an appointment—
(i) the adult’s needs will not be adequately met; or
(ii) the adult’s interests will not be adequately protected…..
11. OB resides in supported accommodation where his rent and board are deducted from his pension. He has no family support to ensure that he is being charged appropriately for the services provided to him. He has a modest surplus of income each fortnight which has to provide for his personal items, medication and clothing. He does not have any current regime for saving for unexpected expenditure and for his future needs.
12. The Tribunal is satisfied that decisions are needed to be made about the management of OB’s income and expenditure so he has adequate funds to cover both his present and future needs. The Tribunal is satisfied that without the appointment of an administrator OB’s interests will not be adequately protected. He would be vulnerable to financial harm caused by a lack of budgeting and by uncontrolled impulsive spending.
13. The Tribunal is satisfied that an administrator should be appointed for OB for all financial matters.
14. The application proposes the appointment of The Public Trustee of Queensland as the administrator for OB. In the absence of any family or friends willing to take on that role, the only option for appointment as administrator is The Public Trustee of Queensland.
15. The Public Trustee of Queensland has the skills and experience to apply the general principles appropriately and can make financial decisions for OB in a way consistent with his proper care and protection. The administrator is directed to provide a financial management plan to the Tribunal within four months and must provide accounts when requested.
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