RW

[2014] WASAT 120

RW [2014] WASAT 120

Jurisdiction:	STATE ADMINISTRATIVE TRIBUNAL	Citation No:	[2014] WASAT 120
Published:	17/09/2014
Act:	GUARDIANSHIP AND ADMINISTRATION ACT 1990 (WA)
Case No:	GAA:1313/2014	Heard:	6 AUGUST 2014
Coram:	MR J MANSVELD (SENIOR MEMBER)	Delivered:	29/08/14
No of pages:	23	Judgment Part:	1 of 1
Result:	Limited guardianship order Limited administration order
Category:	B
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Parties:	RW CW
Catchwords:	Guardian and Administration ­ Enduring power of attorney ­ Enduring power of guardianship ­ Presumption of capacity ­ Clear and cogent evidence is required to rebut the statutory presumption of capacity ­ Limited guardianship order ­ Suitability for appointment as guardian and administrator
Legislation:	Guardianship and Administration Act 1990 (WA), s 3, s 4, s 43(1)(b)(iii), s 43(1)(c), s 44, s 44(5), s 64(1)(a), s 64(1)(b), s 68, s 68(1), s 77, s 77(1)(a), s 77(3), s 84, s 108, s 108(1)(a), Pt 9C Mental Health Act 1996 (WA)
Case References:	FS [2007] WASAT 202 GC and PC [2014] WASAT 10
Summary	RW is a 78 year old man with a history of a mental illness, bipolar disorder, and a slow and gradual neurocognitive decline.,When suffering a relapse of his mental illness RW was prone to ill-considered personal and financial decisions which he would later regret.,RW had recently been admitted to psychiatric facility as an involuntary patient because of a relapse of his mental illness.  It would appear that he had not fully recovered from the relapse when he embarked on action in the Family Court and made an enduring power of attorney and enduring power of guardianship appointing a friend and a daughter.,Subsequently, RW had discontinued the Family Court action, revoked the enduring power of attorney and enduring power of guardianship and had returned to the marital home where he remained living at the time of the Tribunal hearing.,RW's spouse made applications for guardianship and administration for RW on the basis that he needed someone to make his accommodation and treatment decisions and to protect his estate.,The applications were opposed by RW's friend and his three daughters because of their view that RW's spouse had not acted in his best interests.,The Tribunal was satisfied after RW underwent extensive neuropsychological testing, that the statutory presumption of capacity was not rebutted in significant areas of RW’s personal and financial life.,The Tribunal decided, however, that there were limited areas in RW's personal and financial life in which he required assistance and a measure of protection.,RW's spouse was appointed his limited guardian to enable her to liaise and consult with his medical practitioners and to obtain medical information so as to enable her to monitor his mental state to protect against a further relapse.,RW's spouse was appointed RW's limited administrator to liaise with and obtain information from banks and other financial institutions in respect to RW and also to decide whether he should enter loan agreements or obtain and maintain credit card accounts.

JURISDICTION : STATE ADMINISTRATIVE TRIBUNAL ACT : GUARDIANSHIP AND ADMINISTRATION ACT 1990 (WA) CITATION : RW [2014] WASAT 120