RLG

[2010] QCAT 651

CITATION: RLG [2010] QCAT 651

PARTIES: RLG

APPLICATION NUMBER:   GAA2033-10

MATTER TYPE: Guardianship and administration matters for adults

HEARING DATE:     23 December 2010

HEARD AT:  Brisbane

DECISION OF: C Endicott, senior member

DELIVERED ON: 23 December 2010

DELIVERED AT:      Brisbane

ORDERS MADE: Application for appointment of a guardian is dismissed

CATCHWORDS :  GUARDIANSHIP – application for appointment of guardian – adult’s husband making personal decisions informally – no need for formal appointment of guardian – application lacked substance – early end to proceedings under section 47 of the Queensland Civil and Administrative Tribunal Act 2009.

APPEARANCES and REPRESENTATION (if any):

The hearing took place on the papers in the absence of the parties. 

REASONS FOR DECISION

1. On 12 March 2010 an application was lodged with the tribunal by CV seeking the appointment of a guardian for RLG.  In the application it was stated that personal decisions were being made by RLG and her husband who was her statutory health attorney.  The application sought to appoint her husband as the guardian for RLG.

2. There was no other information in the application to identify what need had arisen for the appointment of a guardian.  The application was accompanied by a health professional’s report completed by CV who is a registered nurse and who described herself as RLG’s mental health case manager.

3. On 28 July 2010 a staff member from the tribunal registry wrote a letter to the applicant informing her that the application had revealed that informal arrangements for decision making about personal matters was in place and there did not appear to be a need established in the application for the appointment of a guardian. The applicant was invited to consider withdrawing her application.

4. The applicant was also informed in that letter that if she wanted to proceed with the application she would be required to lodge a report from a health professional other than herself.  The tribunal did not receive any response to the letter of 28 July 2010.

5. On 28 October 2010 a staff member from the tribunal registry wrote a letter to the applicant repeating the request for a report from a health professional other than the applicant.  The applicant was informed that the tribunal would consider dismissing the application unless a health professional report was received as requested by 9 November 2010.  

6. The tribunal did not receive a response to that letter and has not received a report from a health professional about the decision making capacity of RLG other than the report prepared by the applicant in March 2010.  

7. When considering the appointment of a guardian for an adult, the tribunal is required by section 12 of the Guardianship and Administration Act 2000 to be satisfied that the adult has impaired decision making capacity and that there is a need for the appointment of a substituted decision maker before it can appoint a guardian for the adult.    

8. Section 9 of the Guardianship and Administration Act 2000 acknowledges that valid decisions can be made for an adult with impaired capacity on an informal basis by members of the adult’s existing support network.  The application in this case has already revealed that decisions are being made informally with the assistance of RLG’s husband and no problems were identified as having arisen in that decision making process.  General Principle 7 requires the tribunal to take into account the importance of preserving, to the greatest extent possible, an adult’s right to make his or her own decisions.

9. The applicant has not responded to the queries of the tribunal as to what need exists for the appointment of a guardian for RLG. The applicant has not provided medical evidence independent of herself about the decision making capacity of RLG. The tribunal is unable to identify the basis on which it is submitted by the applicant that that an appointment is necessary under section 12 of the Guardianship and Administration Act 2000. 

10. Section 47 of the Queensland Civil and Administrative Tribunal Act 2009 gives the tribunal power to 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.

11. The tribunal considers that the application for the appointment of a guardian for RLG is without substance on the basis of the information lodged with the tribunal.    The applicant has failed to co-operate with the tribunal and has not provided further information as requested. 

12. The tribunal must deal with matters in a way that is accessible, fair, just, economical, informal and quick.  The tribunal concludes that this application should be brought to an early end in view of the failure of the applicant to provide the information that the tribunal has requested and in view of the finding that the application is without substance.    

13. The tribunal considers that under section 47 of the Queensland Civil and Administrative Tribunal Act 2009 the application for the appointment of a guardian for RLG should be dismissed.