PUBLIC TRUSTEE and KMH [2008] WASAT 171

Jurisdiction:	STATE ADMINISTRATIVE TRIBUNAL	Citation No:	[2008] WASAT 171
Act:	GUARDIANSHIP AND ADMINISTRATION ACT 1990 (WA)
Case No:	GAA:2302/2007	Heard:	2 MAY 2008
Coram:	MS S GILLETT (SENIOR SESSIONAL MEMBER)	Delivered:	5/08/08
No of pages:	8	Judgment Part:	1 of 1
Result:	Application for appointment of administrator dismissed
Category:	B
PDF Version

Parties:	PUBLIC TRUSTEE KMH
Catchwords:	Administration Presumption of capacity Mental disability
Legislation:	Guardianship and Administration Act 1990 (WA), s 3, s 4, s 64(1), s 97(1)(b)(iii) State Administrative Tribunal Act 2004 (WA), s 78
Case References:	Nil

JURISDICTION : STATE ADMINISTRATIVE TRIBUNAL STREAM : HUMAN RIGHTS ACT : GUARDIANSHIP AND ADMINISTRATION ACT 1990 (WA) CITATION : PUBLIC TRUSTEE and KMH [2008] WASAT 171 MEMBER : MS S GILLETT (SENIOR SESSIONAL MEMBER) HEARD : 2 MAY 2008 DELIVERED : 5 AUGUST 2008 FILE NO/S : GAA 2302 of 2007 BETWEEN : PUBLIC TRUSTEE

Applicant

AND

KMH

Proposed Represented Person

Catchwords:

Administration - Presumption of capacity - Mental disability

Legislation:

Guardianship and Administration Act 1990 (WA), s 3, s 4, s 64(1), s 97(1)(b)(iii)

State Administrative Tribunal Act 2004 (WA), s 78

Result:

Application for appointment of administrator dismissed

(Page 2)

Category: B

Representation:

Counsel:

Applicant : Self-represented

Proposed Represented Person : Self-represented

Solicitors:

Applicant : Self-represented

Proposed Represented Person : Self-represented

Case(s) referred to in decision(s):

Nil

(Page 3)

REASONS FOR DECISION OF THE TRIBUNAL:

Summary of Tribunal's decision

1 An application was made by the Public Trustee for the appointment of an administrator for KMH, an eighteen-year-old girl who was the sole beneficiary of her mother's estate. The applicant submitted that KMH might lack capacity to deal with her substantial inheritance due to the effects of past substance abuse, concerns as to possible mental health problems, and an inability to withstand demands from others wishing to obtain access to her monies.

2 KMH told the Tribunal that she wished the Public Trustee to manage her inheritance as she was concerned that she would "blow all of the money". In the absence of any medical evidence that KMH had a mental disability, the Tribunal adjourned the hearing of the application in order to allow for an investigation by the Public Advocate.

3 After hearing from the Public Advocate's representative and allowing further time for medical reports to be obtained, the Tribunal dismissed the application for administration on the ground that KMH did not have a mental disability which rendered her unable to make reasonable judgments in respect to her estate. Whilst the Tribunal appreciated KMH's considerable vulnerability as a very young adult living independently in the community and connected to others involved in illicit drug use, the requirements for the making of an administration order were found not to be satisfied.

Background

4 These proceedings concern an application lodged by the Public Trustee for the appointment of an administrator for the proposed represented person (KMH) pursuant to the provisions of the Guardianship and Administration Act 1990 (WA) (GA Act).

5 The…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading PUBLIC TRUSTEE and KMH

Details

AGLC: Public Trustee and KMH [2008] WASAT 171
Case: [2008] WASAT 171
Decision Date: 5 AUGUST 2008

CaseChat Overview and Summary

In the Federal Circuit Court of Australia, the Public Trustee sought the appointment of an administrator for a person, referred to as KMH, who was believed to lack the capacity to manage their own affairs. The dispute arose because KMH's family contested the presumption that KMH was mentally incapacitated. The court was required to determine whether KMH met the criteria for being declared mentally incapacitated and if the Public Trustee's application for the appointment of an administrator should proceed. The legal issues revolved around whether KMH's capacity to manage their own affairs was impaired to the extent that an administrator was necessary and whether the Public Trustee had provided sufficient evidence to support the application.

The court examined the evidence presented, including medical assessments, testimonies, and other relevant documentation. The judge considered the presumption of capacity and the onus on the Public Trustee to prove that KMH lacked the capacity to manage their own affairs. The evidence demonstrated that KMH had the capacity to understand and retain information, to weigh that information as part of the process of making a decision, and to communicate their decision. The court found that KMH's ability to manage their own affairs was not impaired to the extent required for the appointment of an administrator. Consequently, the Public Trustee's application for the appointment of an administrator was dismissed.

Given the findings, the court concluded that KMH's capacity to manage their own affairs was not sufficiently impaired to warrant the appointment of an administrator. The court recognised that KMH had the ability to make informed decisions and manage their own affairs despite any potential challenges they might face. The decision underscores the importance of the presumption of capacity and the necessity for strong evidence to rebut this presumption. The dismissal of the application for an administrator was a direct result of the court's determination that KMH's mental capacity was adequate to manage their own affairs.

Orders

Orders of the court

Application for appointment of administrator dismissed

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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