QZC (Review Administration)
[2017] TASGAB 11
•26 June 2017
GUARDIANSHIP AND ADMINISTRATION BOARD
Hobart
QZC (Review Administration) [2017] TASGAB 11
REASONS FOR DECISION
Rowena Holder (Chair)
Ged Dibley (Member)
Louise Mollross (Member)
Review Administration – continue with current arrangements
Guardianship and Administration Act 1995 s. 6, 51, 67, 68
QZC has been continuously subject to an administration order since 9th April 2002. The Public Trustee is the administrator and the powers and duties of the administrator have been those as set out by Division 4 of Part 7 of the Guardianship and Administration Act 1995.
The Board’s Registry received an email from Ms Sarah Campbell, of the Legal Aid Commission of Tasmania (LACT) on the 21st February 2017 indicating LACT acted for QZC in relation to his Administration Order and requested that LACT be noted as an interested party and sent a hearing notice for the review hearing.
A hearing notice was sent to QZC and LACT on the 2nd May 2017 indicating a review hearing would be held on the 12th May 2017. Hearing papers were sent to LACT on the 10th May 2017.
The Board’s registry had a telephone call from QZC on Thursday 11th May 2017 indicating that he was seeking an adjournment. He indicated he had been in contact with his solicitor from Legal Aid. The staff member suggested he speak to his solicitor again and if an adjournment was being sought then this could be applied for at the commencement of the hearing on the 12th May 2017.
The Board received an email from QZC on the 11th May 2017 at 2.43pm as follows:
“Dear Sir or Madam
My name is QZC and I am due for a hearing with the GAB. In lieu of circumstances involved in preparing for the hearing; organising lawyers etc, I am seeking an unofficial adjournment.
Regards
QZC”On the 11th May 2017 at 3.35pm the Board received an email letter from Ms Sarah Campbell, LACT indicating she was unable to attend the hearing in person however was available on the telephone. She indicated she had read the hearing papers and discussed the contents with QZC. Ms Campbell stated:
“QZC contacted our office last week stating he felt that he was not ready to seek a review and wondered whether he could seek an adjournment. I didn’t recommend that course of action to him as the current order expires on 15th May 2016 and the Board has no evidence to support a change to his capacity. There is also evidence of continuing need within the PT’s report. Accordingly, my advice was that he should not make an application for an adjournment. He stated he accepted this advice. I reassured QZC that it may be possible for him to seek a review when he has undertaken the steps above his financial decision making capacity.”
The hearing to review the administration order was conducted in Hobart on Friday 12th May 2017 at 9.30am. The Board contacted Ms Campbell at the commencement of the hearing to enquire whether she wished to attend by telephone and also confirmed receipt of her emailed letter of the 11th May 2017. Ms Campbell confirmed she had spoken to QZC the previous day and indicated she had no further submissions to make apart from those contained in her letter of the 11th May 2017 and therefore didn’t deem it necessary to attend the hearing by telephone.
The only person in attendance at the hearing was:
· Ms Michelle Sullivan, of the Public Trustee.
The Board had before it the following documentation:
· Review of Order Application
· Annual report and statement of accounts from The Public Trustee dated 20th February 2017
· Health Care Professional Report prepared by Dr M McArthur dated 17 March 2011
· Email to the Board from Dr M Warden dated 12 May 2014
· Emailed letter from Ms Sarah Campbell, LACT dated 11 May 2017
· Emailed letter from QZC dated 11th May 2017
Section 51 of the Guardianship and Administration Act 1995 (the Act) enables the Board to appoint an administrator of a person’s estate if it is satisfied that the person:
a)Is a person with a disability; and
b)Is unable by reason of the disability to make reasonable judgements in respect of matters relating to all or any part of his or her estate; and
c)Is in need of an administrator of his or her estate.
The Board must also balance the principles in section n6 of the Act:
A function or power conferred, or duty imposed, by this Act is to be performed so that
a)The means which is the least restrictive of a person’s freedom of decision and action as is possible in the circumstances is adopted and
b)The best interests of a person with a disability or in respect of whom an application is made under this Act are promoted; and
c)The wishes of a person with a disability or in respect of whom an application is made under this Act are, if possible, carried into effect.
In reviewing an administration order under section 67 of the Act the Board will turn its mind to those same considerations before deciding whether to vary or continue an order under section 68 or to allow the order to lapse. The key issues for the Board to consider, then, are those set out in section 51 and whether there has been any change.
Is QZC a person with a disability?
The medical reports indicate that QZC has a chronic mental illness, generally described as schizophrenia. The Board was satisfied that QZC is a person with a disability.
Is QZC, because of that disability, unable to make reasonable judgements about his estate?
Dr Warden’s email to the Board of 12 May 2014 states that QZC has persistent hypomanic symptoms, and can be “impulsive, grandiose and irrational especially in the areas of finance continuing to believe that he has a role in the fiscal affairs of the world including input in the G8 meetings.” Dr Warden offers the opinion that in the event that he had full control of his affairs QZC would “rapidly run into trouble with overspending and possible vulnerability to [exploitation] by others”.
Ms Sullivan told the Board that QZC has limited funds and is given a regular allowance which he predominantly spends on tobacco. The Public Trustee has given QZC some greater control over his money by no longer issuing him with vouchers but instead giving him an allowance in two payments, on a Friday and Monday. The split payments have been put in place to help QZC budget his allowance so it lasts the fortnight. The Board heard evidence that QZC still borrows money from his father when he runs out of funds. On the basis of the evidence of Dr Warden, Ms Campbell and Ms Sullivan the Board was not satisfied that QZC has significantly regained capacity to make reasonable decisions regarding his finances or to manage his weekly/fortnightly budget.
Does QZC need an administrator?
QZC has limited funds and needs the payment of his regular bills and management of day to day finances.
The Board was satisfied that QZC continues to need an administrator to manage his day to day finances and ensure essential needs are met.
QZC’s wishes, his best interests and the least restrictive alternative
The board gave weight to the written evidence of Ms Campbell when considering the principles of Section 6 of the Act. The Board considered that QZC’s best interests would be met with the continuation of the administration order, and with a continuous effort to gradually increase QZC’s independence in managing his finances.
The Board’s Decision:
The Board was satisfied that
is a person with a disability, and
is unable by reason of the disability to make reasonable judgements in respect of his estate, and
is in need of an administrator;
THE BOARD ORDERS
That The Public Trustee continue as the represented person’s administrator.
That the powers and duties of the administrator be those conferred by Division 4 of Part 7 of the Guardianship and Administration Act 1995.
That the administration order remains in effect until 1th May 2020.
| Rowena Holder | Ged Dibley | Louise Mollross |
| PRESIDENT | MEMBER | MEMBER |
Dated 26/06/2017
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