RP
[2012] QCAT 253
•24 April 2012
| CITATION: | RP [2012] QCAT 253 |
| PARTIES: | RP |
| APPLICATION NUMBER: | GAA3175-12 |
| MATTER TYPE: | Guardianship and administration matters for adults |
| HEARING DATE: | On the papers |
| HEARD AT: | Brisbane |
| DECISION OF: | Julie Ford, Member |
| DELIVERED ON: | 24 April 2012 |
| DELIVERED AT: | Brisbane |
ORDERS MADE: | 1. The application for an interim order for RP is dismissed. |
| CATCHWORDS: | Interim Order – application dismissed Guardianship and Administration Act 2000, s 129 |
APPEARANCES and REPRESENTATION (if any):
This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act).
REASONS FOR DECISION
On 16 April 2012 an application for an interim order about RP (the adult) was lodged by Ms Bernie Opertowski of the Rural Continuing Care Team, Integrated Mental Health, Queensland Health. Ms Obertowski was seeking the appointment of an administrator.
Section 129 of the Act provides for the making of interim orders if the tribunal is satisfied, on reasonable grounds, there is an immediate risk of harm to the health, welfare or property of the adult concerned in an application, including because of the risk of abuse, exploitation or neglect of, or self-neglect by, the adult.
The tribunal may make an interim order in a proceeding without hearing and deciding the proceeding or otherwise complying with the requirements of the Act. The maximum period that may be specified in an interim order is 3 months.
The tribunal considers the following evidence relating to this application.
Mr RP was admitted to the Acute Mental Health Unit, Ipswich Hospital on 15 November 2011.
On 20 February 2012 the Adult Guardian was appointed as Mr RP’s guardian for accommodation, health care and services decisions for one year. The application for the appointment of an administrator was dismissed at this hearing. The tribunal member at that hearing had found he did not have decision making capacity, but that Mr RP had informal supports to assist with the management of his pension and that Mr RP had very strong views and wanted to be heard.
Ms Obertowski was seeking an urgent interim order so that he would be able to have enough money to assist him with being able to pay his accommodation on discharge from hospital. He had obtained an advance payment through Centrelink of $1,000 which had caused problems with his budget and managing to pay for his accommodation. The Adult Guardian had suggested another application be made for the Public Trustee to be appointed.
The accompanying application for an administrator by Ms Obertowski also stated that Mr RP was being assisted and escorted off the hospital ward by a member of staff. They were trying to advise him about limiting his spending and financial affairs while an inpatient. He had been giving away money to other clients on the ward. She was concerned that he may become homeless. She also stated that he was an inpatient in the mental health unit and was allocated a primary nurse and also a multi-disciplinary team to support him.
Mr RP is diagnosed with schizoaffective disorder. His cognitive ability was assessed by Dadirai Gara, psychologist, Adult Mental Health Unit, report dated 4 April 2012. In summary, she found that “given Mr RP’s impaired planning, organisation, impulsivity, levels of irritability and self monitoring, Mr RP is likely to have difficulty coping independently in unstructured situations. He is likely to require some monitoring and supervision in a structured environment”. No mention was made of him being at immediate risk of harm regarding his finances, however.
A further report was provided by Lesley Ferguson Occupational Therapist. She noted that Mr RP continues to be quite guarded about his financial affairs. He was not able or willing to disclose if he had any savings or bank accounts. However, there had been incidents on the ward that have indicated his impaired financial judgement, poor decision making, a level of disorganisation and impulsivity. He was vulnerable to being manipulated and exploited by others on the hospital ward. She stated that he had rented a house in Boonah but subsequently this was cancelled by the real estate agent. This cancellation was managed with the intervention of staff. He has placed lay bys on appliances. Her recommendation was that money management will require total or close supervision.
When setting out numerous facts the tribunal made the following findings:
a)Mr RP has demonstrated he has made decisions that have adversely affected him financially.
b)Mr RP has been assisted in resolving some of the impacts through the intervention and case management of staff, such as the cancellation of the rental of a property, while he is in hospital.
c)It is not evident what role the Adult Guardian as his guardian has undertaken to proactively address Mr RP’s accommodation issues and attempts to move beyond the hospital setting.
d)The tribunal had dismissed the appointment of an administrator on 20 February 2012 in the belief that there were adequate supports in place to assist him.
e)That tribunal member noted that Mr RP had strong views and wanted to be heard.
f)There was no suggestion that Mr RP was going to be discharged into the community by the hospital to a situation of homelessness. The Adult Guardian is his decision maker regarding accommodation and should be involved in this process to ensure he is not placed at risk.
Conclusion
There is not sufficient evidence to make a finding that there is an immediate risk of harm to the property of Mr RP, including because of risk of abuse, exploitation or neglect of Mr RP. He has a guardian appointed. He has been in hospital for several months. He is assisted in his activities by staff.
A hearing regarding the appointment of an administrator is scheduled for 18 June 2012. At this hearing Mr RP’s views can be heard as is his right.
The tribunal dismisses the application for an interim order.
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