PC
[2009] QCAT 17
•4 December 2009
| CITATION: | PC [2009] QCAT 17 |
| PARTIES: | PC |
APPLICATION NUMBER: GAA8049-09 GAA8050-09
| MATTER TYPE: | Guardianship and administration matters |
HEARING DATE: 4 December 2009
HEARD AT: Brisbane
| DECISION OF: | C Endicott, senior member |
DELIVERED ON: 4 December 2009
DELIVERED AT: Brisbane
ORDERS MADE: Interim appointment of a guardian and administrator
| CATCHWORDS : | Interim Order, need for the appointment of a guardian and administrator established, s.129 of the Guardianship and Administration Act 2000 |
APPEARANCES and REPRESENTATION (if any): heard on the papers
REASONS FOR DECISION
On 4 December 2009 an application for an interim order was lodged by WAM, a social worker, seeking the appointment of an administrator and of a guardian for PC (the adult).
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.
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.
The Tribunal considered the following evidence about the adult’s capacity:
health professionals reports: Dr BB reported on 24 November 2009 that he had known the adult for three years. Dr BB reported that the adult had been diagnosed with dementia, that the adult was only partially capable of understanding and acting on information about his lifestyle and health care, that the adult had very limited understanding of financial affairs and that the adult could not make decisions freely and voluntarily. Dr BB expressed the opinion that the adult could not make any complex decisions but could make simple decisions about health care and lifestyle/accommodation.
other evidence: the applicant stated that the adult’s partner had recently died and the adult cannot seem to comprehend her passing away as he had twice come to the hospital wanting to visit her after his partner had passed away. The adult has poor short term memory, is disorganised and had relied on his partner for most daily decisions and management.
The following issues were raised as the basis for the interim order application:
·issues arising from the adult’s health care circumstances;
·issues arising from the services that the adult needs;
·issues arising from day to day issues;
·there is nobody in the adult’s life to assist adequately with financial decisions; and
·the adult is vulnerable to financial abuse or exploitation
The Tribunal considered the following evidence about those issues:
A neighbour has been assisting the adult with his care at home but the adult has manifested at risk behaviours and had refused more formal help. The adult has diabetes and he is not able to manage his medication. The adult has not been able to arrange his proper Centrelink payments and needs to apply for a health care card. He is at a high risk of undue influence and financial exploitation due to his lack of insight into his needs and his poor memory. A Home Health Link service is in place for only a seven day period and after that time the adult will be left without any formal services to assist him with his day to day needs.
The Tribunal made the following findings of fact about those issues:
The adult had relied on his partner for decision making and management of his day to day needs. Since his partner recently passed away, the adult is unable to manage his own domestic affairs, he is exhibiting at risk behaviour, he is not managing his medication for diabetes and his income is inadequate as he cannot arrange payment of his full entitlements from Centrelink. He has refused formal help due to a lack of insight into the extent of his needs for assistance.
On the basis of the information provided the Tribunal considers that the adult has impaired decision making capacity for the matter, and the Tribunal considers there is an immediate risk of harm to the adult’s health, welfare or property.
CONCLUSION
The Tribunal determines that the need for an interim appointment of a guardian has been established and the need for an interim appointment of an administrator has been established.
The Tribunal appoints the Adult Guardian as guardian for PC for 3 months for the following matters:
accommodation, provision of services, health care and legal matters not related to the adult’s income or assets.
The Tribunal appoints The Public Trustee of Queensland as administrator for PC for 3 months for all financial matters.
The guardian and the administrator are to provide the tribunal with written reports about their actions during the period of their appointment under this interim order no later than 3 working days prior to the hearing of the applications for appointment of guardian and administrator.
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