Re: FM

In the case of Re: FM, the Queensland Civil and Administrative Tribunal considered an application for a declaration of capacity about FM’s capacity to manage his inheritance and an application for the appointment of an administrator for FM’s financial management. FM is a 45-year-old man with a history of inadequate parental care and special education. His aunt, YS, had been his guardian until she passed away in May 2011, leaving FM as a beneficiary of her will. In February 2012, the Public Trustee of Queensland applied to the Tribunal for its appointment to manage FM’s entitlement. Because there was limited evidence about FM’s capacity to make financial decisions, the Tribunal directed him to undergo a neuropsychological assessment. Through his legal representative, FM appealed the Tribunal’s directions. The appeal was refused in August 2012 and a generous set of reasons was released explaining that decision.

The primary legal issue before the Tribunal was whether FM has the capacity to make decisions about his inheritance. If it were found that he does not, the Tribunal would then consider the need for the appointment of an administrator and if there were such a need, who would be the most appropriate appointee. The Tribunal reviewed several documents, including reports from a psychologist, GPs, and a Special School. The psychologist’s report concluded that FM is capable of understanding the nature and effects of decisions about his financial affairs, is sensible, street smart, capable of sustaining a personally satisfying lifestyle, and appears confident to handle his inheritance. However, the Tribunal found that FM has performed poorly under examination, has not developed grandiose ideas about his inheritance, is not impulsive and that his slow processing speed is unlikely to interfere with his capacity in regard to financial affairs. The Tribunal found that FM is vulnerable to financial exploitation and dismissed the application for a declaration of capacity. The Tribunal also found that there is a need for the appointment of an administrator to manage FM’s inheritance and appointed the Public Trustee of Queensland as the administrator.

In conclusion, the Tribunal dismissed the application for a declaration of capacity, finding that FM is vulnerable to financial exploitation and does not understand the nature and effects of decisions that have been made, or might need to be made, in regard to the discharge and management of the inheritance. The Tribunal appointed the Public Trustee of Queensland as the administrator for FM’s financial management. The Public Trustee of Queensland is to provide a financial management plan to the Tribunal within four months and provide accounts to the Tribunal when requested.