Re: Pp

The Queensland Civil and Administrative Tribunal (QCAT) was tasked with determining the validity of two enduring powers of attorney (EPA) executed by Mrs PP, as well as considering applications for the appointment of a guardian and administrator for her. Mrs PP had initially appointed her two sons as attorneys under an EPA dated 14 October 2011, but revoked this in December 2012 due to their inability to work together. She then appointed three of her grandchildren as attorneys under a new EPA dated 7 December 2012. PSG, one of Mrs PP's sons, had applied for the appointment of a guardian and administrator for his mother, citing the unworkability of the 2011 EPA due to his and his brother's inability to consult with each other.

The key legal issues before QCAT were whether Mrs PP had the capacity to execute the two EPAs and revoke the 2011 EPA, whether the 2011 EPA should be revoked, whether the 2012 EPA should be declared invalid, and if an administrator should be appointed for Mrs PP's financial matters. QCAT found that Mrs PP had capacity to make personal, health and lifestyle decisions as well as simple day-to-day financial decisions, but lacked capacity to make complex financial decisions. QCAT also found that the revocation of the 2011 EPA was invalid, and the 2012 EPA invalid due to concerns about Mrs PP's understanding of the document. PRJ and PJJ were appointed jointly as administrators for Mrs PP's financial matters.

In summary, QCAT dismissed PSG's application for a guardian, revoked the 2011 EPA, declared the 2012 EPA invalid, appointed PRJ and PJJ as administrators for Mrs PP's financial matters, and made orders for the administrators to provide a financial management plan, accounts and other documents to QCAT. The orders will be reviewed in one year.