PVJ
[2014] QCAT 205
| CITATION: | PVJ [2014] QCAT 205 |
| PARTIES: | PVJ |
| APPLICATION NUMBER: | GAA1413-14 |
| MATTER TYPE: | Guardianship and administration matters for adults |
| HEARING DATE: | On the papers |
| HEARD AT: | Brisbane |
| DECISION OF: | Senior Member Endicott |
| DELIVERED ON: | 14 February 2014 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. The Adult Guardian is appointed guardian for PVJ for the following personal matters only: a. accommodation decisions; b. health care of PVJ; c. provision of services for PVJ. 2. The Tribunal directs the guardian to provide a written account of their actions as guardian to the Tribunal no later than three (3) working days prior to the hearing. 3. This guardianship appointment remains current for three (3) months or, if the Tribunal makes a further order in this matter, until the date of the further order, whichever is the sooner. 4. The Public Trustee of Queensland is appointed administrator for PVJ for all financial matters. 5. 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. 6. This administration appointment remains current for three (3) months or, if the Tribunal makes a further order in this matter, until the date of the further order, whichever is the sooner. |
| CATCHWORDS: | GUARDIANSHIP – INTERIM ORDER – where adult at significant risk of homelessness – where adult under Forensic Order – where adult required to live at stated residence or return to mental health unit – where decisions needed for suitable accommodation and support - whether immediate risk of harm 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
PVJ has just turned 18 years of age. He lives with his mother in rented public housing in a Brisbane suburb. Following complaints from neighbours, the Department of Housing investigated the circumstances in which PVJ and his mother were living and issued on 30 January 2014 a first strike notice to his mother who is the tenant of the premises.
According to Shannon Dawson from the Department of Health, a second strike notice was issued in early February 2014 for anti-social behaviour. As a result of these notices, PVJ is at a significant risk of homelessness. Meetings were arranged with stakeholders involved in supporting both PVJ and his mother in an attempt to provide viable accommodation and support options for PVJ.
According to Ms Dawson, a 24/7 in home support package had been obtained by the Department of Communities, Child Safety and Disability Services for PVJ. The Department of Housing had identified a suitable housing solution for PVJ which would enable him to live close by his mother but with adequate supports.
Evidence was provided to the tribunal that PVJ had been diagnosed with autism and a mild intellectual disability, that he had a limited understanding of his complex medical needs, poor ability to make decisions about self care, poor ability to budget, poor ability to make financial decisions based on need, he has impulsive spending behaviour, he is unable to understand the potential consequences of his poor decisions and he has poor communication skills. He is under a Forensic Order by which he is required to live at the suburban house or return to a mental health facility.
The medical evidence was consistent in portraying PVJ as being unable to understand information relevant to decision making about his personal and financial needs and as being unable to appreciate the consequences of decisions that he makes about his personal and financial needs.
Ms Dawson informed the tribunal that urgent decisions were required about a suitable housing solution for PVJ given the significant risk of homelessness he faced following receipt of the second strike notice. This risk had grave implications due to the presence of the Forensic Order.
Applications had been filed in early February 2014 seeking the appointment of decision makers for PVJ. Ms Dawson sought the interim appointment of formal decision makers urgently to enable essential personal and financial decisions to be made for PVJ prior to the hearing of those applications.
QCAT has the power to appoint decision makers for adults with impaired decision making capacity. Appointments of decision makers are made after a hearing of the application and when the presumption of capacity has been rebutted by satisfactory evidence. However QCAT can make an appointment of a decision maker on an interim basis for up to three months under section 129 of the Guardianship and Administration Act 2000 without holding a hearing.
Section 129 of that Act permits the tribunal to make an interim appointment if the tribunal is satisfied, on reasonable grounds, that there is an immediate risk of harm to the welfare or property of the adult concerned.
I was satisfied that PVJ was at an immediate risk of harm. He faced being homeless and at risk of being placed into a mental health unit unless he agreed to suitable arrangements for his accommodation and support in the community. I was satisfied that he had demonstrated an inability to understand information about his needs on which decisions are made and he had demonstrated an inability to understand the consequences of the options for action that would flow from an analysis of that information.
I was satisfied that unless decision makers were appointed on an interim basis at this stage, decisions of a personal and financial nature would not be able to be made by or for PVJ until the hearing of the applications for the appointment of a guardian and administrator. Such a hearing may not be able to be listed for months.
The tribunal being satisfied of the need for an interim appointment under section 129 of the Act, the Adult Guardian was appointed on an interim basis to make decisions about accommodation, health care and service delivery for PVJ. The Public Trustee of Queensland was appointed on an interim basis to make decisions about all financial matters.
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