PJB

[2011] QCAT 194

CITATION: PJB [2011] QCAT 194

PARTIES: PJB

APPLICATION NUMBER:   GAA1370-11

MATTER TYPE:	Guardianship and administration matters for adults
HEARING DATE:	On the papers

HEARD AT: Brisbane

DECISION OF: Clare Endicott, Senior Member

DELIVERED ON: 22 April 2011

DELIVERED AT: Brisbane

ORDERS MADE:     

1.    Application dismissed.

CATCHWORDS: 

Guardianship – no current information as to capacity

Queensland Civil and Administrative Tribunal Act 2009, s 47

APPEARANCES and REPRESENTATION (if any):

APPLICANT:	Nil
RESPONDENT:	Nil

REASONS FOR DECISION

1. On 23 February 2011 the Queensland Civil and Administrative Tribunal received an application in respect of PJB.  This application was received from CT who describes herself as an advocate for PJB.  The application sought the appointment of the Adult Guardian as guardian for PJB.  The Tribunal notes that The Public Trustee of Queensland was appointed for PJB for all financial matters until further order on 14 February 2008.

1. The application suggests that the decisions that are required to be made for PJB include where he should live and with whom he is allowed to live.  The Tribunal notes that he is vulnerable to abuse by others.

1. The Registry wrote to the applicant on 24 February 2011, 21 March 2011 and 12 April 2011.  In this correspondence the applicant was advised that the Tribunal required a report by a medical and related health professional to assist the Tribunal in respect of determining PJB’s capacity for decision making.  In the last of these correspondences which was by email the Registry advised that the matter will be referred to the Tribunal for dismissal.

1. No further correspondence has been received by the Tribunal by 27 April 2011.  The Tribunal did receive a Health Professional Report in support of the original application for the appointment of the Public Trustee as administrator.  This was provided on 18 December 2007.

1. When the Tribunal heard the application for the appointment of an administrator it requested an updated Health Professional Report should the appointment ever be reviewed.  The report of 18 December 2007 noted that when he was well, PJB could make decisions about personal and health care matters for himself.  This report noted that he could make simple decisions in respect of life style and accommodation decisions and when well he had full capacity.

1. The Tribunal is unable to consider the application in the absence of current health professional advice in respect of PJB’s capacity to make decisions about personal matters for himself. As the applicant has failed to provide this material, the Tribunal will now dismiss the application pursuant to section 47 of the Queensland Civil and Administrative Tribunal Act 2009.