SFR

CITATION: SFR [2014] QCAT 612

PARTIES: SFR

APPLICATION NUMBER: GAA10154-14

MATTER TYPE: Guardianship and administration matters for adults

HEARING DATE: 21 November 2014

HEARD AT: Brisbane

DECISION OF: Senior Member Endicott

DELIVERED ON: 25 November 2014

DELIVERED AT: Brisbane

ORDERS MADE:

1.    The application for a stay is refused.

2.    The Public Trustee of Queensland must give to the tribunal 60 days written notice before exercising any election to determine the right of SFR to reside in his house at Sunnybank.

3.    The direction will cease to have effect upon the completion of the review of the appointment of the guardian on 30 January 2015.

CATCHWORDS:

GUARDIANSHIP – where adult has impaired decision making capacity – where guardian has been appointed make accommodation decisions and an administrator has been appointed to make financial and property decisions – where decision made by guardian to place adult into residential aged care – where friends of the adult disagreed with that decision

STAY – where order sought to stay accommodation decision – where adult only held right to reside in his former home – where that right was determinable by the exercise of an election to relinquish the right – where the exercise of the election must be by deed – where the administrator had not exercised that election – whether in that circumstance stay needed to secure effectiveness of review application  

APPEARANCES:

APPLICANT: CI represented by Ms D Pendergast of Counsel

OTHER ACTIVE PARTIES: SFR
Public Guardian appearing by Mr T Brown and Ms L Poole
The Public Trustee of Queensland appearing by Mr C Miles
NB

REASONS FOR DECISION

1. SFR has been found to have impaired decision making capacity and a guardian and an administrator have been appointed to make certain decisions for him under the Guardianship and Administration Act 2000. The Public Trustee of Queensland was appointed to make all financial decisions and the Public Guardian was appointed to make decisions about his accommodation, who he has contact with, health care, services and legal matters not relating to his financial or property matters.

2. A decision was made by the Public Guardian on 13 October 2014 to place SFR into an aged care facility.  Before that decision was made, SFR had been residing in a house at Sunnybank.  He had owned that house for some years but it was no longer his property by the time that the appointment of the guardian was made.  

3. A group of friends of SFR objected to the decision to place him into aged care accommodation.  They assert that the placement was not necessary as adequate care could be provided to SFR in his Sunnybank house where he could remain living in the community and he could continue his usual activities in his local community. 

4. One friend, CI, has applied to review the appointment of the guardian and proposes that another friend of SFR is appointed to that role rather than the Public Guardian.  A hearing of the review of the appointment of the guardian is…