RDJ
[2014] QCAT 592
•18 November 2014
| CITATION: | RDJ [2014] QCAT 592 |
| PARTIES: | RDJ |
| APPLICATION NUMBER: | GAA9467-14 |
| MATTER TYPE: | Guardianship and administration matters for adults |
| HEARING DATE: | 18 November 2014 |
| HEARD AT: | Brisbane |
| DECISION OF: | Professor Ashman, Member |
| DELIVERED ON: | 18 November 2014 |
| DELIVERED AT: | Brisbane |
ORDERS MADE: | 1. RDJ has capacity for all financial matters. |
CATCHWORDS : | Guardianship and administration for an adult; Declaration of capacity; financial matters |
APPEARANCES:
RDJ
LC
REPRESENTATION:
RDJ’s two legal representatives
REASONS FOR DECISION
When RDJ was 6-years-old he was riding his bicycle on a public road and was struck by a motor vehicle. It appears that he was not wearing a helmet. He sustained brain injuries along with other body injuries.
After a time in hospital he returned to school but left some time after the end of Year 9. Now at 20 years of age, he works in the concrete fabrication industry, has a partner LC, with whom he has purchased a home.
RDJ’s legal team has been facilitating two personal injuries claims on his behalf and at a recent conference with the insurers reached an arrangement for a compensation settlement. The legal team made an application to the Tribunal for a declaration of capacity to determine if RDJ has the ability to manage the settlement amount on his own, or whether the appointment of an administrator is required.
The Tribunal, therefore, turned its attention to RDJ’s ability to make decisions for himself in respect of a compensation settlement of about $270,000.
Does RDJ have capacity for financial decisions?
The Tribunal has reviewed three medical reports undertaken over the past seven months. Each of these practitioners undertook comprehensive assessment of the cognitive effects of the motor vehicle accident that occurred when RDJ was a child.
The reports are consistent in many aspects. All report RDJ’s admission that he experiences some memory problems. There are also indications of some limitations to his money management skills along with some organisation, planning, and problem-solving difficulties.
Generally, however, the reports suggest around average ability with some strengths and deficits on a number of subtests administered. Certainly, the reports do not reflect overwhelming debilitating or limiting capabilities that might seriously affect financial decision-making.
During the hearing, RDJ spoke confidently about his currently circumstances and plans for the future in the context of the probably compensation settlement. He is in a long-term relationship with LC and also receives good support and encouragement from his parents. RDJ gave no indication that he would squander the settlement windfall, indeed, he gave the opposite impression.
He spoke about seeking and taking financial advice about the most effective way of using the money either by investment products or accelerated payments to reduce the mortgage. His decision would be based upon the advice he receives. He intends to continue working in his current job, sensibly in an expanding business where he is paid well. His one concession would be the updating of his current motor vehicle, although he states that he would limit the amount used to about $10,000.
RDJ has a history of saving that enabled the purchase of a house with LC, which has a significant although not huge mortgage. He shares living expenses and is positively influenced by her, along with his parents.
In determining this matter, the Tribunal must apply the definition of capacity found in Schedule 4 of the Guardianship and Administration Act 2000 (Qld). There are three conditions that must be met. RDJ must understand the nature and effects of decisions, must make decisions freely and voluntarily, and must communicate those decisions in some way.
Taking each of these conditions in turn, RDJ is fully aware of the quantum of the probable settlement amount. He shows a sensible approach to determining how he might maximise the impact of the “windfall” by taking financial/investment advice that will have a long- rather than short-term effect. He shows no inclination to spend the money impulsively but is mindful of the importance of using it wisely.
As for the second condition, RDJ is influenced positively by his partner and his parents and is willing to consider their advice when considering financial decisions. As for the third condition, RDJ speaks clearly and logically about the decisions he will need to make and can give the reasons behind them.
The Tribunal finds, therefore, that RDJ has capacity for decision-making in all financial matters.
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