RGB

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

RGB [2023] QCAT 501

PARTIES:

In applications about matters concerning RGB

APPLICATION NOS:

GAA9605-23, GAA9607-23, GAA9608-23, GAA9609-23, GAA12852-23

MATTER TYPE:

Guardianship and administration matters for adults

DELIVERED ON:

19 December 2023

HEARING DATE:

9 November 2023

HEARD AT:

Brisbane

DECISION OF:

Member Kanowski

ORDERS:

1.     The application for the appointment of an administrator is dismissed.

2.     The application for the appointment of a guardian is dismissed.

3.     The application for a declaration about capacity is dismissed.

4.     The tribunal declares that the enduring power of attorney made by RGB on 15 November 2006 was revoked on 20 July 2023.

5.     The application for leave to resign as attorney is dismissed.

CATCHWORDS

HEALTH LAW – GUARDIANSHIP, MANAGEMENT AND ADMINISTRATION OF PROPERTY OF PERSONS WITH IMPAIRED CAPACITY – ADMINISTRATION AND FINACIAL MANAGEMENT – GENERALLY – where adult was victim of a romance scam – whether an administrator should be appointed

Guardianship and Administration Act2000 (Qld), s 5(c), s 11(1), s 12(1)

Powers of Attorney Act 1998 (Qld), s 41(1), s 47(1), s 111A(1)

Lambourne & Ors v Marrable & Ors [2023] QSC 219

APPEARANCES & REPRESENTATION:
Adult:	N Mitchell, solicitor, Caxton Legal Centre
Applicant:	A Greenhalgh, solicitor, Mills Oakley
Public Trustee:	M Klewin

REASONS FOR DECISION

Introduction

1. These applications relate to a 74-year-old woman who, for privacy reasons, will be referred to only as RGB. The applications are made by one of her sons, concerning decision-making arrangements for RGB if she lacks capacity. The main impetus for the applications was that RGB lost a substantial amount of money in recent years in a romance scam. The losses totalled around $170,000, representing the bulk of RGB’s assets.

2. The Public Trustee was appointed interim administrator for RGB for three months from 14 August 2023. The Public Trustee advises that RGB’s funds as of 7 November 2023 totalled approximately $7,500. She also owns a car. She owes $2,000 on a credit card and $669 to the State Penalties Enforcement Registry. She receives a pension. 

3. RGB had appointed the son as her attorney for financial and personal/health matters in an enduring power of attorney made on 15 November 2006.

4. In 2021 RGB was widowed. In 2022 she was living in a granny flat at the son’s home. The son says he became aware she was transferring significant sums and concluded that she was being scammed. He could not convince her of this, however. He took steps to monitor her bank account. His intervention was resented by RGB. The relationship between them became increasingly tense and disharmonious. Eventually he insisted that she leave the granny flat. She moved out on 14 October 2023 into a granny flat she found through Facebook. Sadly, RGB and the son have become estranged.

5. Meanwhile, on 27 August 2022, RGB had signed a revocation of the enduring power of attorney. However, the revocation document misidentified the enduring document as one appointing both the son and his wife. Later, on 20 July 2023, RGB signed another…