QZC (Review Administration)
[2014] TASGAB 7
•13 May 2014
GUARDIANSHIP AND ADMINISTRATION BOARD
Hobart
QZC - Review of administration order
QZC (Review Administration) [2014] TASGAB 7
REASONS FOR DECISION
K. Barker (Chair)
Ged Dibley
Carolyn Wallace
Review administration - chronic mental illness – no significant improvement in capacity – direction to gradually build independence in financial management
Guardianship and Administration Act 1995 s.6, 51, 67, 68
QZC has been continuously subject to an administration order since 9 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 (commonly referred to as “full” powers).
The hearing to review the administration order was conducted in Hobart on 16 May 2014. The following people were in attendance:
· QZC
· CK, advocate
· Mr Ian Munday, case manager, Mental Health Services
· Ms Jessica Watson, The Public Trustee
· Mr Lee Perry, compliance officer Guardianship and Administration Board.
The Board had before it the following documentation:
· Annual reports and statements of accounts from The Public Trustee dated 2 August 2012, 5 April 2013 and 5 May 2014
· Health care professional report prepared by Dr M McArthur dated 17 March 2011
· Health care professional report prepared by Dr P Cannan dated 31 May 2011
· Letter to the Board from Dr W Kenyon dated 13 May 2011
· Email to the Board from Dr M Warden dated 12 May 2014
· Written submission from QZC to the Board dated 13 May 2014.
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 6 of the Guardianship and Administration Act 1995:
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. QZC did not appear to dispute this and did not offer any alternative medical opinion. 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”.
Mr Munday told the Board that in his opinion QZC had been more settled over the past few months and had not had any hospitalisation since July 2013. He said his medication regime had changed and he was now taking a depot injection of an anti-psychotic medication in addition to clozapine. Whilst Mr Munday did not consider that QZC currently has the capacity to make reasonable decisions about his finances, he opined that it would be appropriate to gradually give QZC more control over his finances, for the development of financial management skills and to give him the chance to demonstrate his capacity.
Ms Watson told the Board that QZC continues to demonstrate difficulties in budgeting his weekly allowance. She said he is paid his weekly allowance in two payments of $40 each, and an additional $30 each fortnight. The spilt payments have been put in place to help QZC budget his allowance so it lasts the fortnight. In spite of this he frequently requests additional money from The Public Trustee, with little explanation as to why he needs it. She said that at various times the arrangements have been changed - for example cash has been given instead of cigarette vouchers, or his allowance provided in one weekly sum instead of split payments – but QZC has not managed and has requested to revert to the previous (and current) arrangements.
QZC did not dispute the account given to the Board by Ms Watson. None-the-less, he contends that he is capable of managing his finances independently. In his written submission he also explained that he no longer spends money on illicit drugs. There has been no mention in recent medical reports or by any parties present at the hearing that this is a current issue, and the Board accepted QZC’s contention that drug use is no longer interfering with his capacity to reasonably manage his finances.
On the basis of the evidence of Dr Warden, Mr Munday and Ms Watson, however, 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 recently made a successful claim for the reimbursement of accommodation fees he has paid over the years to Mental Health Services for times he has been detained under the Mental Health Act. He has been reimbursed more than $2000 so far and has claimed or is in the process of claiming a further (approximately) $15,000. He will potentially, then, have a sizeable estate to manage, in addition to the payment of his regular bills and management of day-to-day finances.
Currently, QZC receives vouchers for groceries and cigarettes. His rent and Aurora account are paid by Centrepay deductions, and The Public Trustee pays his pharmacy account and any electricity expenses in excess of that covered by the Centrepay deduction. As noted above, he also receives cash allowances five times per fortnight. QZC stated in his written submission that in addition to his cigarette vouchers he spends another $35 on tobacco, which he shares with friends. He sponsors an African child through World Vision and would like to donate more money to his church but is generally unable to do so. QZC said he would like to have some assistance to put in place direct debit arrangements in the event that the administration order is revoked.
The Board was satisfied that QZC continues to need an administrator to manage his day-to-day finances and ensure essential needs are met, as well as to protect his accumulated funds so they are used for his benefit and not at risk of financial exploitation.
QZC’s wishes, his best interests and the least restrictive alternative:
QZC clearly wishes to manage his own finances, to be free of the restrictions and inefficiencies associated with vouchers, and to not incur the costs associated with professional administration. The Board understands QZC’s wishes. However the Board did not consider that his best interests would in fact be met by the revocation of the order at this point in time. Rather, the Board considered that QZC’s best interests would be met with the continuation of the administration order, but with a concerted effort to gradually increase QZC’s independence in managing his finances. The Board was particularly encouraged by Mr Munday’s opinion that QZC’s mental health is now more settled, and agrees that it is timely for structured arrangements to assist QZC to develop skills in budgeting and decision-making around goal setting.
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 15 May 2017.
AND FURTHER THE BOARD DIRECTS that the administrator work with the represented person’s case manager to put in place appropriate measures to gradually increase his financial independence.
| Kim Barker | Ged Dibley | Carolyn Wallace |
| CHAIRMAN | MEMBER | MEMBER |
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