QCH (Review Administration)

[2017] TASGAB 2

GUARDIANSHIP AND ADMINISTRATION BOARD
HOBART

QCH (Review Administration) [2017] TASGAB 2

REASONS FOR DECISION

Don Jones (Chair)

Hearing 3^rd February 2017

Review Administration – acquired brain injury – unchanged circumstances – continue with current arrangements

Guardianship and Administration Act 1995 s. 20, 51

1. QCH is the son of QH and BH.  QCH is 42 years of age and he suffered an acquired brain injury in a motor vehicle accident when he was a child.  From the evidence, I infer he was approximately 8 years old at the time of the accident.  He is left with significant disability and is unable to manage his circumstances or estate.  QCH resides with his parents at XXXX and is totally dependent on his parents.  The current application was lodged by the existing Administrator, Tasmanian Perpetual Trustees who has been administering the estate for some years, it last being renewed in 2014.  This application is a statutory review.

2. The Board heard the application on 3^rd February 2017 at Launceston.  The applicant submitted that QCH had substantial investments which required professional management and sought that the order previously made in 2014 be continued.  The only person present at the hearing was a representative from the Tasmanian Perpetual Trustees.  He indicated that he thought that the parents may be in attendance. 

3. I had not been informed of the parent’s prospective attendance nor was there any indication on the file that the parents would be in attendance; I inferred that as Tasmanian Perpetual Trustees had been administering QCH’s estate for a number of years they had decided to not attend.    

Is QCH a person with a disability? - Section 20(1)(a) and 51(1)(a) of the Guardianship and Administration Act 1995 (‘the Act’)

1. There is clear evidence that QCH suffered an acquired brain injury when he was a child.  Dr Kingston has been QCH’s general practitioner for the past 10 years approximately.  In an earlier report prepared by Dr Kingston on the 22^nd November 2013 she indicated that QCH was unable to communicate and was fully dependent on his parents. In a subsequent report dated 10^th January 2017, Dr Kingston indicated that QCH condition was unchanged and he continues to need full time care by his parents.  There is sufficient evidence to make a finding that QCH has a disability as defined in the legislation.

Is QCH incapable of making reasonable decisions by reason of his disability? - Section 20(1)(b) and 51(1)(b) of the Act

1. As stated above, QCH is unable to communicate, his condition is unchanged from 2014, and he continues to rely on his parents.  His acquired brain injury is unlikely to change significantly in the future.  QCH will never be in a position where he is able to make reasonable decisions by reason of his disability

Is QCH in need of an administrator? - Section 51(1)(c) of the Act

1. QCH is still in need of an administrator as he currently has investments totaling $1,302,611.42 as at the 18th January 2017, which are being managed by the Applicant.  QCH parents have indicated they are not in a position to manage such a significant sum.

2. The Board did note that the parents had sought further financial assistance from the Applicant to assist with cleaning and gardening.  The Board was informed the Administrator was presently awaiting quotes and would then arrange for them to be provided.  Reference was also made to a previous concern of the parents as to communications but it appeared this was no longer an issue.

3. Giving weight to the evidence and the unlikelihood of any change in QCH’s circumstances it was determined that it would be appropriate to have the order remain in effect until 2022 rather than the 3 years as previously ordered.

The Board’s Decision

The Board was satisfied that the represented person

• is a person with a disability, and

• is unable by reason of the disability to make reasonable judgements in respect of their estate, and

• is in need of an administrator;

THE BOARD ORDERS

1. That Tasmanian Perpetual Trustees continue as the represented person’s administrator.

2. That the powers and duties of the administrator be those conferred by Division 4 of Part 7 of the Guardianship and Administration Act 1995.

3. That the order remains in effect to 2 February 2022.

Don Jones (Chair)  

Date: 27^th February 2017