SBG - [2015] QCAT 287

CITATION:

SBG [2015] QCAT 287

PARTIES:

SBG

APPLICATION NUMBER:

GAA5288-15; GAA5290-15

MATTER TYPE:

Guardianship and administration matters for adults

HEARING DATE:

13 July 2015

HEARD AT:

Brisbane

DECISION OF:

Member Allen

DELIVERED ON:

21 July 2015

DELIVERED AT:

Brisbane

ORDERS MADE:

1. The guardianship order made by the Tribunal on 12 December 2014 is changed by appointing the Public Guardian as guardian for SBG for decisions about the following personal matters:

a. Accommodation;

b. With whom SBG has contact and/or visits;

c. Health care;

d. Provision of services;

e. Legal matters not relating to the adult’s financial or property matters;

2. This appointment remains current until further order of the Tribunal. The appointment is reviewable and is to be reviewed in two (2) years.

3. The Queensland Civil and Administrative Tribunal, being satisfied that there are reasonable grounds for suspecting that there is an immediate risk of harm, because of neglect (including self-neglect), exploitation or abuse, to the undermentioned adult, a person with impaired capacity. Hereby authorises the Public Guardian, with necessary and reasonable help and force, to enter the undermentioned place and any other place necessary for entry, and to remove the adult.

CATCHWORDS:

GUARDIANSHIP AND ADMINISISTRATION – where Public Guardian applies for warrant for entry and removal of adult – whether immediate risk of harm to adult with impaired capacity – requested review of guardian due to adult making decision in area where guardian not appointed

Guardianship and Administration Act 2000 (Qld), s 12, s 22, s 31, s 148

APPEARANCES:

SBG, appeared by telephone
Ms Sheryl Woolnough appeared for the Public Guardian
Mr Clinton Miles appeared for the Public Trustee of Queensland
Mr Nash Tenua appearing by telephone

REPRESENTATIVES:

SBG was represented by Ms A Joyce of Cronin Lawyers.
The Public Guardian was represented by Mr A La Spina, in-house solicitor

REASONS FOR DECISION

SBG is 93 years old she is physically frail, uses a four wheeled walker and has both vision and hearing impairments. She resides in her own home at the Gold Coast with SL. She has a number of rental properties and investments of $824,000.00. She has previously received in home care from various service providers.
On 19 June 2014, she appointed SL as her attorney for both personal and financial matters. Soon after this, a referral was made to the Public Guardian and following an investigation, the enduring power of attorney was suspended. An application was then made to the Tribunal by the Public Guardian for guardianship and administration for SBG.
The Tribunal after a hearing on 12 December 2014 appointed the Public Guardian as guardian for decisions about accommodation, with whom SBG has contact and/or visits, health care and provision of services. The Public Trustee of Queensland was appointed as administrator for all financial matters.
The major concern raised at the first hearing was the possibility that SL was unduly influencing his mother. In particular, concerning financial transactions and the negative affect his behaviour was having on service provision for SBG. There…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

AGLC: SBG [2015] QCAT 287
Case: [2015] QCAT 287
Decision Date: 21 July 2015

CaseChat Overview and Summary

In the matter of SBG, the Public Guardian sought a warrant for entry and removal of an adult who was alleged to be at immediate risk of harm due to neglect, exploitation, or abuse. The Queensland Civil and Administrative Tribunal was asked to determine whether the Public Guardian should be appointed as the adult's guardian for certain personal matters and whether the warrant should be granted. The key legal issues before the tribunal were whether the adult was at immediate risk of harm and whether the Public Guardian should be appointed as the adult's guardian for specific personal matters.

The tribunal found that there were reasonable grounds for suspecting that the adult was at immediate risk of harm due to neglect, exploitation, or abuse. The tribunal also found that the Public Guardian should be appointed as the adult's guardian for certain personal matters, including accommodation, contact with others, health care, provision of services, and legal matters not relating to financial or property matters. The tribunal considered the adult's capacity to make decisions in these areas and the potential harm that could result from a lack of appropriate support and care. The tribunal concluded that the Public Guardian was best placed to provide the necessary support and care to the adult.

Based on its findings, the tribunal granted the warrant for entry and removal, allowing the Public Guardian to enter and remove the adult from any necessary place. The tribunal also appointed the Public Guardian as the adult's guardian for the specified personal matters. The tribunal ordered that this appointment remain in place until further order of the tribunal and that it be reviewed in two years. The tribunal recognised the importance of providing appropriate support and care to adults with impaired capacity and emphasised the need for regular review of guardianship arrangements.

Orders

Orders of the court

1. The guardianship order made by the Tribunal on 12 December 2014 is changed by appointing the Public Guardian as guardian for SBG for decisions about the following personal matters:

a. Accommodation;

b. With whom SBG has contact and/or visits;

c. Health care;

d. Provision of services;

e. Legal matters not relating to the adult’s financial or property matters;

2. This appointment remains current until further order of the Tribunal. The appointment is reviewable and is to be reviewed in two (2) years.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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