PH

CITATION:

PH [2018] QCAT 104

PARTIES:

PH
(Adult)

APPLICATION NUMBER:

GAA3745-18

MATTER TYPE:

Guardianship and administration matters for adults

HEARING DATE:

10 April 2018

HEARD AT:

Brisbane

DECISION OF:

A/Senior Member Guthrie

DELIVERED ON:

13 April 2018

DELIVERED AT:

Brisbane

ORDERS MADE:

1.   Leave is granted for PH to be represented by Ms Vivien Boyd in proceeding GAA3745-18.

2.   Until the hearing of the application for review of the appointment of a guardian the decisions of the guardian to consent to PH undergoing a CT scan with contrast and a PET scan are stayed.

CATCHWORDS:

GUARDIANS, COMMITTEES, ADMINISTRATORS, MANAGERS AND RECEIVERS – OTHER MATTERS  – whether   applicant has impaired capacity to make health decisions about her cancer treatment – whether Public Guardian has consented to a procedure which is inconsistent with PH’s long held views – whether substituted decision making is warranted

PROCEDURE – JURISDICTION – STAY OF PROCEEDINGS  –  where applicant for review sought a stay of decision to undergo PET scan with contrast – where applicant sought a stay of a decision to undergo CT scan with contrast – where stay application considered separately to review of guardian – where evidence that adult’s schizoaffective disorder affecting decision- making capacity – whether applicant could establish prima facie case that review would be successful – whether balance of convenience in favour of stay – where stay was granted

Guardianship and Administration Act 2000 (Qld), s 128
Queensland Civil and Administrative Tribunal Act, 2009 (Qld)

SFR [2014] QCAT 612
SM [2014] QCAT 568

APPEARANCES and REPRESENTATION:

PH represented by Vivien Boyd, Aged and Disability Advocacy Australia
Ms S Woolnough, The Office of the Public Guardian
Mr R Davie, the Office of the Public Guardian
Dr AS, Pyschiatric Registrar
IC, Social Worker, applicant

REASONS FOR DECISION

1. PH is 66 years of age. PH is the primary carer of her adult son. Since 16 February 2018, PH has been an inpatient at a Mental Health Unit at a Brisbane hospital under a treatment authority. In recent times she has been having periods of leave. At the time of the hearing on 10 April 2018, she had been on leave since 4 April and was to return for a review/meeting with her treating team following the tribunal hearing. Leave was granted for PH to be represented in the proceeding. Ms Boyd of ADA Australia represented PH.

Background

1. On 2 March 2018, IC, a social worker from the hospital, applied to the tribunal for the appointment of an administrator and the appointment of a guardian for PH. An application for an interim order was also made. Those applications were accompanied by a report by medical and related health professional completed by Dr AS, Psychiatric registrar on 2 March 2018.

2. Dr AS states that on 28 February 2018 PH had the onset of schizoaffective disorder; manic type; acutely unwell with active delusions. It is also reported that she has malignant cancer of the left breast. The report indicates that she is preoccupied with various paranoid and…