PUBLIC ADVOCATE and EP
[2006] WASAT 226
•7 AUGUST 2006
JURISDICTION : STATE ADMINISTRATIVE TRIBUNAL
STREAM: HUMAN RIGHTS
ACT: GUARDIANSHIP AND ADMINISTRATION ACT 1990 (WA)
CITATION: PUBLIC ADVOCATE and EP [2006] WASAT 226
MEMBER: MS J TOOHEY (SENIOR MEMBER)
HEARD: DETERMINED ON THE DOCUMENTS
DELIVERED : 7 AUGUST 2006
FILE NO/S: GAA 1354 of 2006
BETWEEN: PUBLIC ADVOCATE
Applicant
AND
EP
Represented Person
Catchwords:
Guardian – Public Advocate – Revocation of appointment – Represented person now living in South Australia – South Australian Public Advocate now appointed guardian – No need for guardian in Western Australia – Appointment revoked
Legislation:
Guardianship and Administration Act 1990 (WA), s 43
Result:
The order made on 9 November 2005 is revoked
Category: B
Representation:
Counsel:
Applicant: N/A
Represented Person : N/A
Solicitors:
Applicant: N/A
Represented Person : N/A
Case(s) referred to in decision(s):
Nil
Case(s) also cited:
Nil
REASONS FOR DECISION OF THE TRIBUNAL:
On 3 March 2005, the Tribunal appointed the Public Advocate limited guardian for EP pursuant to s 43 of the Guardianship and Administration Act 1990 (WA). The Public Advocate was appointed for one year with functions to decide where, and with whom, EP was to live. The Tribunal also appointed the Public Trustee plenary administrator for EP.
The Public Advocate subsequently requested written reasons for the Tribunal's decision. These were provided on 19 September 2005.
On 28 September 2005, EP's daughter, AM, sought review of the order after she learned that it was the Public Advocate's decision, as guardian, that EP should return to South Australia, where she had lived for many years and where her husband still lived.
On 9 November 2005, the Tribunal confirmed the appointment of the Public Advocate as limited guardian for a further year with the functions conferred on her by the original appointment.
On 21 November 2005, EP moved to a nursing home in South Australia where she could be closer to her husband.
Subsequently, EP and her husband wanted her to leave the nursing home to live with him. However, an Aged Care Assessment Team determined that EP needed high level care and recommended she remain in care.
EP's husband then made application in South Australia to be appointed her guardian. In the course of those proceedings the Public Advocate in South Australia made contact with the Public Advocate in this State.
In the course of discussions between the respective Public Advocates it became apparent that the guardianship order made by this tribunal was not recognised in South Australia.
At a hearing of the South Australian Guardianship Board on 6 July 2006, the Public Advocate in that State was appointed limited guardian for EP with the function of making decisions concerning her accommodation and health care.
EP is now settled permanently in South Australia. It has been determined that she is in need of a guardian for the purposes of making certain decisions on her behalf and the Public Advocate in South Australia has been appointed for those purposes. There is no prospect of EP returning to Western Australia and no purpose served by the continued appointment of the Public Advocate in this State as her guardian. The Public Advocate therefore seeks the revocation of her appointment.
There being no need for the appointment of the Public Advocate in Western Australia as EP's guardian, the order made on 9 November 2005 is revoked.
Order
The order made on 9 November 2005 whereby the State Administrative Tribunal appointed the Public Advocate limited guardian for EP is revoked.
I certify that this and the preceding [12] paragraphs comprise the reasons for decision of the State Administrative Tribunal.
___________________________________
MS J TOOHEY, SENIOR MEMBER
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