QTC (Administration)
[2016] TASGAB 7
•3 February 2016
GUARDIANSHIP AND ADMINISTRATION BOARD
HOBART
QTC (Administration) [2016] TASGAB 7 - application for appointment of an administrator by the ROYAL HOBART HOSPITAL
REASONS FOR DECISION
Lindi Wall (Chair)
Sandra Taglieri (Member)
Ged Dibley (Member)
Administration – whether person is incapable of making reasonable decisions – whether person in need of an administrator
Guardianship and Administration Act 1995 - section 51
This is an application for administration for QTC who resides at a Nursing Home. The application was made by Ella Little, social worker from the Royal Hospital who is seeking the appointment of QC, QTC’s husband, as administrator.
The Board had the following documents available for the hearing:
· Application dated 25 November 2015
· Health Care Professional Report by clinical psychologist Caroline Davis dated 18 November 2015 together with social work psychosocial assessment dated 24 November 2015
· GAB Investigator’s report dated 18 January 2016
· File notes of discussions between Board staff members, the applicant and QTC’s husband QC
· Aged Care Assessment Team report dated 20 May 2015
· Instrument Appointing Enduring Guardian dated 13 October 2006
· Property information report dated 18 January 2016.
The hearing of the application on 21 January 2016 was attended in person by the applicant Ella Little, fellow social worker Sarah Booth and QC. QTC attended by telephone.
Section 51(1)(a) - Is QTC a person with a disability?
The Health Care Professional Report prepared by Caroline Davis stated that QTC suffers an acquired brain injury arising from the neurological effects of multiple sclerosis. QTC accepted the medical diagnosis but denied that her illness caused her cognitive incapacity. The Board was satisfied that she is a person with a disability.
Section 51(1)(b) - Is QTC unable by reason of her disability to make reasonable judgments in respect of matters relating to all or any part of her estate?
The cognitive assessment completed by Ms Davis was not to hand at the hearing. The health care professional report, which was prepared at a time when QTC was in the process of transferring from her home to permanent care, advised that QTC ‘appeared to’ be unable to operate her own bank account, manage her finances or budget. She was said to have limited ability to make complex decisions. However, the social work psychosocial assessment completed at the time was not definitive, stating only ‘questions around Phyllis’s capacity to make decisions re housing/finances’.
The Aged Care Assessment report did not refer to any cognitive deficits.
At the hearing QTC exhibited some knowledge and understanding of her finances.
Section 51(1)(c) - Is QTC in need of an administrator?
The reason for the application was that QTC, who is wheelchair bound and dependant on her husband for most activities of daily living, had been admitted to hospital. It was determined there that it was unrealistic as well as unsafe for her husband to care for her at home any longer and arrangements were then being put in place for her to move into a nursing home. The primary concern of the applicant was that QTC would not be able to understand, facilitate and authorise the necessary arrangements and documents for the transfer. By the time of the hearing, however, the financial arrangements for the transition to the nursing home and ongoing payment of fees had occurred without the need for an administrator and QTC was settled in the nursing home.
The C’s jointly own the unit in which QC still lives. A mortgage of $10000.00 remains which QC pays out of his account along with other household expenses. They each rely on their pension for income which is paid into their separate bank accounts. QC is his wife’s nominee for Centrelink purposes. QC has looked after his wife’s finances informally for many years. He continues as before to operate her bank account by using her Visa credit card with a PIN number, but now with her signed authority which was organised at the behest of her bank whilst she was in hospital. QC does all her banking and pays her bills. He provides cash from her account for her to use as required for her day to day needs.
After he arranged the transfer to the nursing home at the end of 2015, QC advised the Board’s investigator that the finances had been sorted out and were going well with no need for an administrator. The applicant agreed to withdraw the application. QC then asked for the application to proceed though he did not identify any specific issue giving rise to a current need for an administrator. It became clear to the Board that the reason for persisting with the application was the interpersonal conflict which had escalated between QC and QTC largely over her wish to retain access to her bank card and his concern over the risk of profligate spending as well as his concern that she had threatened to close the account, from which her fees and other accounts were paid. He said that as she never went out without him there was no need for her to have a bank card as he could provide what she needed.
QTC demonstrated a reasonable understanding of her affairs and expressed a very strong wish to retain what control she had over them. She recognised that her husband always took care of her bills which were paid out of her account. She knew that her pension was paid into her own account and that the nursing home fees were paid by direct debit from that account. She knew the amounts of each and that there was not much money left over after payment of fees. She had worked out the approximate amount from a recent bank statement. She said that apart from her bank account the only other account she had was her Rockmans account. She knew the balance on this and said she only made purchases within her means. She expressed the wish to do something for herself and to retain her independence by being able to buy things - within her means - if she was on an outing. She said she had not lost her mind and felt that if her bank card was taken from her she would have nothing. She vehemently opposed formally relinquishing decision making over her money to anyone, including her husband, despite her recognition of her longstanding reliance upon him for this on a practical level. She had not closed her bank account.
There were no current or imminent financial decisions identified which would require an administrator.
Finding
There was insufficient evidence to satisfy the Board that by reason of her disability QTC is unable to make reasonable judgments about her finances. Her finances are uncomplicated, her estate small. She demonstrated a reasonable knowledge of her financial situation despite the fact that her husband has largely taken responsibility for her money. The Health Care Professional Report was prepared to enable financial and associated decision making around the transfer from home into care, which was in the event achieved informally. It did not address the specific question of whether her capacity had deteriorated to the extent that she was no longer competent to retain access to her bank account and day to day expenses. The ACAT report, only six months earlier, indicated no concerns about any at risk behaviour, confusion, delusions or disorientation as to time, place or other people and no significant memory deficits.
Even if there had been evidence as to incapacity, there are at present no financial decisions needed which would require an administrator; the financial risks are low and, even in the event an administrator were to be appointed, QC would not be a suitable administrator as his appointment would certainly exacerbate the existing conflict between them.
After the Board indicated its intention to dismiss the application, QC stated that unless he was appointed as administrator he would withdraw the support that he has performed for his wife for so long.
If this eventuates, and QTC demonstrates a lack of capacity to manage her financial situation herself, the application may need to be revisited and thus should remain on foot.
THE BOARD ORDERS
17. Accordingly the application was adjourned sine die.
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Lindi Wall
Chair
3 February 2016
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