SGIJ
[2016] QCAT 392
•27 June 2016
| CITATION: | SGIJ [2016] QCAT 392 |
| PARTIES: | SGIJ |
| APPLICATION NUMBER: | GAA6543-16 |
| MATTER TYPE: | Guardianship and administration matters for adults |
| HEARING DATE: | On the papers |
| HEARD AT: | Brisbane |
| DECISION OF: | Senior Member Endicott |
| DELIVERED ON: | 27 June 2016 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. SLJ and RJS are appointed jointly and severally as guardians for SGIJ for the following personal matters only: (a) accommodation decisions; (b) with whom SGIJ has contact and/or visits; (c) health care of SGIJ; (d) provision of services for SGIJ; (e) legal matters not relating to SGIJ’s financial or property matters. 2. The Tribunal directs the guardian to provide a written account of their actions as guardian to the Tribunal no later than three (3) working days prior to the hearing. 3. This guardianship appointment remains current for three (3) months or, if the Tribunal makes a further order in this matter, until the date of the further order, whichever is the sooner. 4. SLJ and RJS are appointed administrators for SGIJ for all financial matters. 5. The Tribunal directs the administrator to provide a written account of their actions as administrator to the Tribunal no later than three (3) working days prior to the hearing. 6. This administration appointment remains current for three (3) months or, if the Tribunal makes a further order in this matter, until the date of the further order, whichever is the sooner. 7. That before 25 July 2016 the administrator must: (a) Search the records of the Registrar of Titles to identify any property registered in the adult’s name. (b) Give the registrar of titles a copy of this order and a notice to the registrar advising that any interest in property held by the adult is subject to this order. (c) Give to the Tribunal: (i) a copy of the “Lodgement Summary Form” from the Titles registry confirming the notice has been lodged for each property held by the adult; and (ii) a copy of the current title searches. 8. If the ownership of any property of the adult changes in any way or the adult acquires an interest in another property the administrator must, within fourteen (14) days of such changes: (a) give a copy of this order to the Registrar of Titles and (b) give a notice to the Registrar about the changes or the adult’s interest in another property. | ||
| CATCHWORDS: | GUARDIANS – COMMITTEES – ADMINISTRATORS - MANAGERS AND RECEIVERS – APPOINTMENT – where adult with mental illness left home without medication and was living on the streets, where previously adult had lived on the streets for eight months when his mental health had deteriorated – where decisions about care and welfare of the adult required PROCEDURE - STATE AND TERRITORY COURTS – PERSONS UNDER LEGAL INCAPACITY OTHER THAN CHILDREN: JURISDICTION AND POWERS – whether interim order was necessary – whether there was an immediate risk of harm Guardianship and Administration Act 2000 (Qld) s 129(1) | ||
APPEARANCES:
This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act).
REASONS FOR DECISION
SGIJ has been diagnosed with paranoid schizophrenia. On 26 May 2016 he left the family home without notice and without taking a change of clothes, winter clothing or a backpack. He flew to Sydney and was out of contact with his family. He did not take medications with him and his family was concerned that he would be exhibiting increasingly erratic behaviour associated with his mental illness.
His family applied to the Tribunal for the appointment of a guardian and administrator for SGIJ. They submitted that SGIJ was living on the streets and was at risk of harm. He had been reported as a missing person to the police in New South Wales. The family were concerned about his ongoing care and lack of medical treatment while he was away from home. They stated that SGIJ is drawn to life on the streets and he had previously refused treatment and services intended to keep him safe.
The family stated that SGIJ hears voices and conducts conversations with himself. They consider that he is at risk of violence on the streets. In 2015, he had lived for eight months on the streets and was eventually on suicide watch when admitted to hospital after being held in custody by the police. He had threatened a family member with a large knife. The family submitted that SGIJ would require some form of restraint for a period of time when his medication could be stabilised. His access to funds was limited as his income came, in part, from investments from an estate and insurance proceeds which had to be distributed to him.
The family applied for an interim appointment of a guardian and an administrator. QCAT can make an appointment of a decision maker on an interim basis for up to three months under s129 (1) of the Guardianship and Administration Act 2000 (Qld) without holding a hearing. Before an interim order can be made, the Tribunal must be satisfied, on reasonable grounds, that there is an immediate risk of harm to the welfare or property of the adult concerned because of the risk of abuse, exploitation or neglect of the adult.
The evidence established that SGIJ was being treated for paranoid schizophrenia. His increasingly erratic behaviour demonstrated his judgement and appreciation of consequences were likely to be impaired. His decision to suddenly leave home without medication and additional clothing indicated an impulsive act without thought of consequences. He had gone to Sydney and was living on the streets. During a previous episode, SGIJ had lived on the streets for eight months when his mental health had deteriorated and he was eventually placed into custody by the police and then into hospital where he was on suicide watch.
The evidence satisfied the Tribunal that SGIJ was at an immediate risk of harm. He was at a personal risk of violence, his mental health was not being treated and he had insufficient clothing to keep him warm. It was likely that his erratic behaviour would increase leading to further risk of harm to himself and to others. The Tribunal was satisfied that he would not be able to make decisions for himself that would keep him safe. Decisions were needed about his accommodation, health care, services that could provide support to him, who had contact with him and about legal matters as well as financial matters. Those decisions need to be made by substitute decision-makers who knew SGIJ and who had his safety and welfare at heart.
The Tribunal appointed his mother and sister to be his guardians and administrators for a period of three months until a hearing of the applications could be held.
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