RRP

[2010] QCAT 191

CITATION: RRP [2010] QCAT 191

PARTIES: RRP

APPLICATION NUMBER:            GAA7493-09            

MATTER TYPE: Guardianship and Administration matters

HEARING DATE:   22 April 2010

HEARD AT:   Brisbane

DECISION OF: C Endicott, senior member

DELIVERED ON:   22 April 2010

DELIVERED AT:   Brisbane

ORDERS MADE:  Declaration that Adult has capacity for financial matters

CATCHWORDS :  Administrator appointed in 2009 – capacity regained

APPEARANCES and REPRESENTATION (if any):

The hearing took place on the papers and in the absence of the parties. 
REASONS FOR DECISION

HISTORY OF THE APPLICATION

1. In late 2008 RRP (the adult) experienced an acute episode of mental illness diagnosed as bipolar affective disorder. He was hospitalised and underwent intensive treatment for the disorder.    
2. On 24 November 2008 his wife, RE, applied to the Guardianship and Administration Tribunal seeking the appointment of an administrator as there were a myriad of financial transactions that needed to be conducted urgently and RRP was too unwell to attend to these matters.     
3. On 24 November 2008 that Tribunal made an interim appointment of The Public Trustee of Queensland as administrator for RRP and on 19 February 2009, after a hearing, that Tribunal appointed The Public Trustee of Queensland as the administrator for RRP for one year for all financial matters.  
4. On 16 October 2009 RRP lodged an application with that Tribunal seeking a declaration that he had capacity to make financial decisions.  

The Issues and the Legislation

5. From 1 December 2009 the Queensland Civil and Administrative Tribunal has replaced the Guardianship and Administration Tribunal. Orders made by the Guardianship and Administration Tribunal are taken to be orders of the Queensland Civil and Administrative Tribunal.
6. The issue to be determined by the Tribunal is whether RRP has capacity for making decisions about financial matters. 
7. For adults there is a statutory presumption that they have capacity to make their own decisions as stated in section 7 of the Guardianship and Administration Act 2000 (“the Act”).  Unless there is sufficient evidence to rebut that presumption, it must stand.
8. The Act defines capacity as: “capacity”, for a person for a matter, means the person is capable of-
1. understanding the nature and effect of decisions about the matter; and
2. freely and voluntarily making decisions about the matter; and
3. communicating the decisions in some way.
9. If the presumption of capacity has been rebutted, the Act provides the means by which a substituted decision maker can be appointed for an adult with impaired decision making capacity.

10.The appointment of an administrator made by the former Tribunal expired in February 2010 but it is necessary to examine today whether RRP does or does not have capacity to make financial decisions in order to resolve his application lodged with the Tribunal.   

The Evidence

11.The Tribunal was provided with a report from a psychiatrist, Dr Barnes, dated 8 October 2009.  Dr Barnes confirmed that RRP had been diagnosed with bipolar affective disorder in 2008, that RRP was under medical treatment for that disorder, that he was compliant with his medication and he had good family support.  At the time of the report RRP was still under an involuntary treatment order but Dr Barnes anticipated that the order would be revoked. 

12.Dr Barnes expressed the opinion that RRP was capable of managing his own finances and that he could make decisions freely and voluntarily.  Dr Barnes was of the opinion that RRP could make complex as well as simple financial decisions.   

13. An officer of The Public Trustee of Queensland wrote to the Tribunal on 12 April 2010 and stated that RRP presented as a person who was able to provide genuine input in relation to his financial affairs and he could see no justification for The Public Trustee of Queensland to remain as administrator for RRP.   

CONCLUSION

14.RRP has been diagnosed with bipolar affective disorder and remains under treatment for that disorder.  In 2008 and 2009 his cognitive functioning had been adversely affected by that disorder to the extent that he was unable to understand the nature and effect of decisions and he could not make decisions freely and voluntarily.

15.The unchallenged evidence provided to the Tribunal establishes that the acute effects of the disorder have resolved and that RRP has regained a level of cognitive functioning by which he can understand the nature and effect of decisions about financial matters.  

16. The Tribunal is satisfied that RRP has capacity to make his own financial decisions and declares accordingly.