Re FM

[2016] QCAT 431

CITATION: Re FM [2016] QCAT 431

PARTIES: FM
(Adult)

APPLICATION NUMBER: GAA4877-16; GAA4879-16

MATTER TYPE: Guardianship and administration matters for adults

HEARING DATE: 2 September 2016

HEARD AT: Nambour

DECISION OF: Member Guthrie

DELIVERED ON: 10 November 2016

DELIVERED AT: Brisbane

ORDERS MADE:

1.    The administration order made by the Tribunal on 15 March 2013 is changed by appointing the Public Trustee of Queensland as administrator for FM for all financial matters.

2.    The administrator is to provide a financial management plan to the Tribunal within four (4) months.

3.    The Tribunal directs the administrator to provide accounts to the Tribunal when requested.

4.    This appointment of the Public Trustee of Queensland remains current until further order of the Tribunal.

CATCHWORDS:

ADMINISTRATORS – APPOINTMENT – where review of appointment of an administrator – where complex financial affairs

Guardianship and Administration Act 2000 (Qld), s 12, s 15, 16, s 31, s 125, Schedule 1, Schedule 4
Public Trustee Act 1978 (Qld), s 83

Bergmann v DAW [2010] QCA 143
Re FM [2013] QCAT 135

APPEARANCES:

FM represented by
Karen Williams, Queensland Aged and Disability Advocacy (QADA), Tribunal appointed representative for FM
Neil Wilkinson, Applicant

Lucy Salerno, Legal Representative for the Public Trustee of Queensland
Marion Hall, Regional Manager, Public Trustee of Queensland – Sunshine Coast Office with Lucy Salerno, legal representative for the Public Trustee of Queensland

REASONS FOR DECISION

Background

1. FM is 49 years old. As a child, FM was educated largely by services in special education. For a large portion of his life he resided with his aunt, who cared for him as his guardian. He lived with her until she was elderly and relocated to an aged care facility.

2. In 2001, a community health social worker applied to the Tribunal for the appointment of a guardian and an administrator. The basis of the application was that FM was living alone in his aunt’s home, was vulnerable personally and financially, had no community support and spent his Centrelink benefit soon after receiving it each fortnight. The Tribunal appointed the Adult Guardian (as it then was) as his guardian and the Public Trustee of Queensland (‘PTQ’) as his administrator each for one year.

3. On review in 2002, those appointments were continued for three years, though the Adult Guardian’s appointment was limited to service provision decisions. The PTQ made an application to the Tribunal to have the appointment of the Adult Guardian enlarged as FM had been evicted from his aunt’s house. When that application was heard in 2004 along with a declaration about capacity lodged by FM, both appointments were revoked.

4. FM’s aunt passed away in May 2011. FM was the beneficiary of her estate. On 25 March 2013, this Tribunal[1], considering an application for the appointment of an administrator and an application for a declaration of capacity, appointed the PTQ as administrator for FM for managing matters relating to the management of the inheritance under the will of FM’s late aunt, a limited appointment.

   [1]Differently constituted.

5. That appointment…