SJ
[2009] QCAT 8
•4 December 2009
| CITATION: | SJ [2009] QCAT 8 |
| PARTIES: | SJ |
APPLICATION NUMBER: GAA10074-09; GAA10075-09
| MATTER TYPE: | Guardianship and administration matters |
HEARING DATE: On the papers
HEARD AT: Brisbane
| DECISION OF: | C Endicott, senior member |
DELIVERED ON: 4 December 2009
DELIVERED AT: Brisbane
ORDERS MADE: The Tribunal dismisses the application for an interim order
| CATCHWORDS : | Interim Order, section 129 of the Guardianship and Administration Act 2000, application dismissed |
APPEARANCES and REPRESENTATION (if any): on the papers
REASONS FOR DECISION
On 3 December 2009 an application for an interim order about SJ (the adult) was lodged by KL, social worker at a hospital seeking the appointment of an administrator and the appointment of a guardian.
Section 129 of the Act provides for the making of interim orders if the tribunal is satisfied, on reasonable grounds, there is an immediate risk of harm to the health, welfare or property of the adult concerned in an application, including because of the risk of abuse, exploitation or neglect of, or self-neglect by, the adult.
The tribunal may make an interim order in a proceeding without hearing and deciding the proceeding or otherwise complying with the requirements of the Act. The maximum period that may be specified in an interim order is 3 months.
The Tribunal considered the following evidence about the adult’s capacity:
health professionals reports: Dr S reported on 24 November 2009 that the adult had long standing alcohol abuse, he had poor understanding of information about health care and lifestyle matters, he had very poor understanding of financial matters, he had no fixed source of income, he spends big amounts of money on alcohol and he could not make decisions freely and voluntarily. Dr S expressed the opinion that the adult could not make any complex decisions due to his medical condition of hepatic encephalopathy.
other evidence: The applicant stated that the adult was admitted to hospital on 2 November 2009 and that his cognition has declined since that time. Medical staff are very pessimistic of any significant recovery. A mini mental state examination conducted on 25 November 2009 scored 19 out of 30. The adult cannot follow serial simple commands, is not appropriately orientated to time/place and has impaired arithmetic/calculation ability.
The following issues were raised as the basis for the interim order application:
issues arising from the adult’s accommodation circumstances;
issues arising from the adult’s health care circumstances;
there is nobody in the adult’s life to assist adequately with financial decisions
The Tribunal considered the following evidence about those issues:
The adult is currently an inpatient in a hospital. The Adult Guardian was contacted on 4 November 2009 and authority was given under the Statutory Health Attorney regime for the adult to remain in the hospital for treatment. The adult has been diagnosed with alcoholic liver disease, hepatitis C cirrhosis and portal hypertension, pr bleeding, ascites and hepatic encephalopathy. All treatment and investigations have been completed and no further treatment is available. The adult’s condition has not improved, he requires supervision for all his daily activities, he wanders, displays aggression/agitation/suspicious behaviour. The adult cannot return to his home safely and will require supported accommodation. His son is now living with the adult’s former partner but there are concerns about these arrangements. Rent for the adult’s accommodation was being direct debited from his bank account but his parenting payments will cease as his son no longer lives with the adult. An application needs to be made to Centrelink for a disability support pension and steps have to be taken to protect the adult’s belongings in his home.
The Tribunal made the following findings of fact about those issues: the adult is currently an inpatient in a hospital and he cannot discharge himself due to the decision made by the Adult Guardian for the adult to remain in hospital. His medical treatment has been completed and needs to be placed into supported accommodation as he cannot return safely to his home. His son is living with the former partner of the adult. His income is likely to cease in the near future as the adult is no longer eligible for parenting payment. Rent was being direct debited from the adult’s bank account. There are no outstanding debts relating to his current care in hospital. Decisions about the adult’s future care, accommodation and financial security need to be made but he is at present not at immediate risk of harm while he is in hospital.
On the basis of the information provided the Tribunal considers that the adult has impaired decision making capacity for the matter. The Tribunal is not satisfied that there is an immediate risk of harm to the adult’s health, welfare or property.
CONCLUSION
The Tribunal dismisses the application for an interim order.
0
0
0