PR
[2012] QCAT 610
| CITATION: | PR [2012] QCAT 610 |
| PARTIES: | PR |
| APPLICATION NUMBER: | GAA7708-12 / GAA7709-12 |
| MATTER TYPE: | Guardianship and administration matters for adults |
| HEARING DATE: | 10 October 2012 |
| HEARD AT: | Brisbane |
| DECISION OF: | Barbara Bayne, Member |
| DELIVERED ON: | 10 October 2012 |
| DELIVERED AT: | Brisbane |
ORDERS MADE: | 1. The Adult Guardian is appointed as guardian for PR for decisions about the following personal matters: (a) Accommodation; (b) Provision of services. 2. Unless the Tribunal orders otherwise, this appointment remains current for two (2) years. 3. The Public Trustee of Queensland is appointed as administrator for PR for all financial matters. 4. The Tribunal dispenses with the requirement for the administrator to provide a financial management plan. 5. The Tribunal directs the administrator to provide accounts to the Tribunal when requested. 6. This appointment remains current until further order of the Tribunal. |
| CATCHWORDS: | APPOINTMENT OF GUARDIAN AND ADMINISTRATOR –- whether need for appointments Guardianship and Administration Act 2000, ss 12, 14, 15 |
APPEARANCES and REPRESENTATION (if any):
PR The adult
PJ Sister (by telephone)
BV Social worker (CCU residential)
RRHospital mental health co-ordinator, (indigenous supporter/advocate)
REASONS FOR DECISION
PR, of a Torres Strait Island cultural background, is 32 years of age and currently resides in a psychiatric rehabilitation facility, the Community Care Unit (Queensland Health) in Queensland.
On 27 August 2012 the Tribunal received applications from his case manager seeking the appointment of a guardian and an administrator for PR. These matters were heard in Brisbane on 10 October 2012.
Capacity
The first consideration was that of PR’s capacity[1]; he is presumed to have capacity in accordance with section 7 of the Act and General Principle 1 under Schedule 1 of the Act.
[1] Defined in Schedule 4 of the Act of the Guardian and Administration Act 2000.
PR was diagnosed in 2006 with paranoid schizophrenia, and consequently has been identified with poor treatment compliance, poor insight and long term alcohol abuse. He has been considered by various health professionals as insightless as to the presence of mental illness, and has had a history of voluntary treatment discontinuation associated with significant relapse requiring prolonged hospitalisation. He has been on an involuntary treatment order almost continually since 2006.
In a health professional report dated 25 August 2012, Dr PS, a psychiatric registrar with the CCU, indicates that PR demonstrates ongoing active positive psychotic symptoms and prominent negative symptoms of schizophrenia. PR has difficulties with attention and concentration as well as frontal lobe type problems and varying degrees of formal thought disorder and, with a pattern of impulsive spending and disorganisation, has very limited capacity for managing finances. Alcohol abuse presents a destabilising factor in his mental state. Dr PS considers that that PR is only able to undertake simple decisions in all matters.
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The health professionals present at the hearing agreed with Dr PS’s opinions, recognising that PR has significant difficulties with budgeting; he habitually spends money in an impulsive way and frequently runs out of money. Of further and ongoing concern, his tendency to impulsively binge on alcohol limits the availability of funds for other (rehabilitation) activities.
PJ agreed with the opinions of the health professionals, and informed that the family considered that PR needed support with all significant decisions.
I am satisfied by the evidence provided that PR has diminished decision-making ability. I find that the presumption of capacity for PR for personal, health and financial matters is rebutted.
Guardianship
In considering the applications for the appointment of a guardian and administrator, relevant legislation includes ss 12, 14 and 15 of the Act.
[10]PR transferred from the PAH to the CCU and has been residing there for about three months. The CCU is a recovery orientated treatment facility for adult mental health consumers who, although no longer need inpatient hospital treatment, require 24/7 clinical care and supervised residential rehabilitation to expedite successful reintegration to community living. The average length of stay in a CCU is 6-12 months.
[11]Although, prior to his most recent hospital admission, PR had for many years been living at home with his mother, this is no longer an option.
[12]On discharge from the CCU therefore, various accommodation options for PR will need to be considered and decisions made. In addition, decisions in relation to the services provided to PR will be necessary in order for him to receive appropriate and adequate support within his accommodation setting.
[13]No other personal or health matters were identified which warranted the appointment of a guardian. On eventual discharge it is anticipated that PR will continue to have complex mental health needs and that the Mobile Intensive Treatment Team will have ongoing involvement. The statutory health attorney regime[2], with the Adult Guardian as attorney of last resort, is appropriate for any (physical) health decisions.
[2] Sections 62 and 63 Powers of Attorney Act 1998.
[14]The options identified at the hearing for appointment as guardian for accommodation and health matters were PJ or the Adult Guardian. The Act[3] provides that the Tribunal may appoint the Adult Guardian as guardian for a matter only if there is no other appropriate person available for appointment.
[3] Section 14(2).
[15]PJ informed that, although she resides in Townsville, she is actively involved in PR’s life and would like to be appointed as his guardian.
[16]PR however was adamant that he did not want a family member in this role. Following private discussions with PR, RR confirmed that this is PR’s clear wish.
[17]Respecting PR’s views and wishes, I consider therefore that there is a need for an ongoing appointment of the Adult Guardian for accommodation and service matters. All parties present at the hearing, including PJ, supported this determination.
[18]The Adult Guardian is an independent decision maker with extensive skills and experience who will be able to assess the relative merits of various future accommodation and service provision options for PR.
Administration
[19]PR receives income by way of a CentreLink Disability Support Pension. His expenses include rent to the CCU as well as food, household, transport, chemist, activities, personal and other expenses. A savings regime needs to be established.
[20]Given PR’s views and wishes as to an appointment of family members, The Public Trustee of Queensland is the appropriate option.
[21]The PTQ is recognised as a skilled and experienced organisation, capable of exercising the care, diligence and skill needed to manage PR’s financial matters into the future.
[22]Orders are made accordingly.
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