PN
[2011] QCAT 701
•1 December 2011
| CITATION: | PN [2011] QCAT 701 |
| PARTIES: | Mrs PN |
| APPLICATION NUMBER: | GAA9767-11 |
| MATTER TYPE: | Guardianship and administration matters for adults |
| HEARING DATE: | On the papers |
| HEARD AT: | Brisbane |
| DECISION OF: | Mr Ron Joachim, Member |
| DELIVERED ON: | 1 December 2011 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. The tribunal, for the purposes of making this Interim order, hereby dispenses with any or all of the procedural requirements of the Act. 2. The Public Trustee of Queensland is appointed administrator for PN for all financial matters. 3. The tribunal directs the administrator to provide a written account of their actions as administrator to the tribunal no later than three (3) working days prior to the hearing. 4. This administration appointment remains current for 3 months or, if the tribunal makes a further order in this matter, until the date of the further order, whichever is the sooner. 5. The administrator shall within twenty-eight (28) days: a) Identify, by way of a search of the records held by the Registrar of Titles or other means, any interest in real property registered in the name of PN (“the adult”). b) Lodge with the Registrar of Titles a copy of this order and a notice notifying the Registrar of any interest in land held by the adult which is subject to this administration order. c) Provide to the tribunal: (i) A copy of the search of records held by the Registrar of Titles referred to above and; (ii) A copy of the lodgement summary with the dealing number showing lodgement of the order in respect of any interests in land held by the adult which is subject to this administration order. 6. If any change is made in an interest in land held by the adult which is the subject of this administration order or if there are any further dealings in land on behalf of the adult by the administrator, the administrator shall lodge with the Registrar of Titles within fourteen (14) days of the finalisation of such interest a copy of this order and a notice (in a form prescribed by the Registrar of Titles), concerning such changes or dealings. 7. The administrator shall pay, on behalf of the adult, any fee associated with the above notices. |
| CATCHWORDS: | Administration – where applicant seeks an interim order – where adult’s finances are at imminent risk of harm due to nature of mental illness Guardianship and Administration Act 2000, s 129 |
APPEARANCES and REPRESENTATION (if any):
This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act).
REASONS FOR DECISION
On the 22nd of November 2011, the Tribunal received an application from Susan Sandercock a case manager with the mental health service at Queensland Health, seeking the appointment of The Public Trustee of Queensland as administrator for Ms PN.
On the 24th November 2011 the Tribunal received a further application from Ms Sandercock seeking an interim order from the Tribunal appointing The Public Trustee as administrator.
Ms PN normally lives at Cannon Hill in a rental property. She is 48 years of age and at the time of the application was a patient at the Princess Alexandra Hospital. She had a diagnosis of schizoaffective disorder. Ms PN was opposed to the application.
Under section 129 of the Guardianship and Administration Act 2000, the Tribunal, if satisfied on reasonable grounds that there is an immediate risk of harm to the health, welfare or property of an adult concerned in an application, may make an interim order. This order can be made without a hearing and without complying with the requirements of the Act including section 118 which provides that notice of a hearing is to be given. The interim order can only be made for a maximum period of three months in the first instance. Harm can result from the risk of abuse, exploitation or neglect.
In this matter the Tribunal relied on the two applications referred to earlier as well as a report prepared by Dr David Nguyen, a psychiatric resident medical officer, dated 24 November 2011.
This report indicates that Ms PN has a lengthy history of mental illness. The report further states that Ms PN continues to have delusions of persecution and auditory hallucinations as a result of her schizoaffective disorder.
The report also indicated that Ms PN has had a carer look after her finances as she is incapable of looking after this herself. The report further indicates that due to her mental health condition, Ms PN lacks insight into her condition and does not have the capacity to make decisions about her finances.
The application refers to Ms PN being disorganised and having poor concentration. The application further notes that Ms PN’s sister PR and Ms CD, a previous carer, have been spoken to about the application for The Public Trustee of Queensland to be appointed and both agree with it.
The application, in describing the appropriateness of the current financial arrangements, notes that Ms PN is not happy with the way her money is managed alleging mismanagement. The application also notes that the carer and Ms PN are parting company.
The application for an interim order states that there have been allegations of mismanagement on the carer’s part as she has the PIN number for an ATM card that has now been cancelled at the bank.
The application for an interim order further states that Ms PN is mentally unwell and has very poor judgement. She has ordered a replacement ATM card and is unwilling to let anyone look after it for her.
The application further states that she is not willing to accept advice regarding her finances and is extremely vulnerable to financial abuse and would be at risk of running up large bills.
On the basis that, there was an urgent need to appoint an administrator because Ms PN’s finances were at immediate risk should she be granted an ATM card, the Tribunal decided that the provisions of section 129 were met and appointed The Public Trustee of Queensland as administrator for all financial matters for a period of three months. The application will proceed to hearing in due course.
This will allow all interested parties to be involved in a full consideration of whether there is a need for an administrator, if indeed Ms PN continues to lack capacity for decision making.
If there is such a need a full consideration will occur of who should be appointed as administrator and for how long.
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