Re HM
[2010] QCAT 526
•22 October 2010
| CITATION: | Re HM [2010] QCAT 526 |
| PARTIES: | HM |
| APPLICATION NUMBER: | GAA1597-10 GAA1596-10 |
| MATTER TYPE: | Guardianship and administration matters |
| HEARING DATE: | 22 October 2010 |
| HEARD AT: | Brisbane |
| DECISION OF: | M Howard, Member |
| DELIVERED ON: | 22 October 2010 |
| DELIVERED AT: | Brisbane |
ORDERS MADE: | Application dismissed |
| CATCHWORDS : | Early end to proceedings-section 47 Queensland Civil and Administrative Tribunal Act 2009- application lacking substance |
APPEARANCES and REPRESENTATION (if any):
The hearing took place on the papers in the absence of parties.
REASONS FOR DECISION
An application was made to the Tribunal on 1 March 2010 by Robyn Diane Tetteroo (the applicant) seeking the appointment of a guardian and administrator for HM.
Under section 47 of the Queensland Civil and Administrative Tribunal Act 2009, the Tribunal may bring a proceeding to an early end if the Tribunal considers that an application is frivolous, vexatious or misconceived; or is lacking in substance; or is otherwise an abuse of process.
Section 12 of the Guardianship and Administration Act 2000 requires the Tribunal to determine whether an adult has impaired capacity for decision-making about the matter before it can consider appointing a guardian or administrator for the adult.
General Principle 1 in Schedule 1 to the Guardianship and Administration Act 2000 provides that an adult is presumed to have capacity for a matter.
The application was not accompanied by evidence that HM has impaired capacity for decision-making about personal and financial matters.
Several written requests have been made of the applicant for a Report by Medical and Related Health Professionals to provide evidence to assist in determining capacity. Requests were dated 18 March 2010; 24 May 2010; and 4 August 2010. The correspondence of 4 August 2010 also advised that if the report or other information was not received within three weeks, the Tribunal may consider dismissing the application.
The applicant has not provided the report or contacted the registry at all in response to the requests.
The Tribunal has no evidence that could form the basis of a finding that HM has impaired decision-making capacity for personal and/or financial matters.
The Tribunal finds that the presumption of capacity has not been rebutted. The application for the appointment of a guardian and an administrator for HM is lacking in substance and under section 47 of the Queensland Civil and Administrative Tribunal Act 2009, the application should be dismissed. I make orders dismissing the application.
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