SL

[2009] QCAT 7

CITATION: SL [2009] QCAT 7

PARTIES: SL

APPLICATION NUMBER:       GAA10062-09                

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 need for an interim appointment of an administrator is established

CATCHWORDS :  Interim Order, section 129 of the Guardianship and Administration Act 2000, administrator appointed

APPEARANCES and REPRESENTATION (if any): on the papers

REASONS FOR DECISION

1. On 2 December 2009 an application for an interim order was lodged by SS seeking the appointment of an administrator for SL (the adult). 

2. 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.

3. 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. 

1. The Tribunal considered the following evidence about the adult’s capacity:

(i)health professional report: Dr HZ reported on 30 November 2009 that the adult had sustained an acute subarachnoid and intracerebral haemorrhage on 28 October 2009 resulting in severe brain injury.  Dr HZ was of the opinion that the adult did not have an ability to understand and act on information about her financial affairs and that she was not capable of making decisions freely and voluntarily.  Dr HZ expressed his opinion that the adult could not make nay simple or complex financial decision due to an acquired brain injury and cognitive disability. 

(ii)other evidence: The applicant stated that the adult is unable to communicate at present and cannot make any decisions.                

1. The following issues were raised as the basis for the interim order application:

·the informal decision maker needs formal authority is needed to make financial decisions for the adult;

·a contract needs signing or a financial or legal matter needs to be transacted.

1. The Tribunal considered the following evidence about those issues:

The adult and her husband own a house at the Gold Coast where they usually live and an investment property in New Zealand.  Both properties are subject to mortgages and are at risk as the mortgage payments were being made by the adult as the sole wage earner in the family.  Decisions have to be made about the holding of the properties and meeting the mortgage payments while the adult is incapacitated.  The adult has bank accounts in her sole name as well as joint accounts with the applicant.  Some of the sole name accounts hold funds that could be used for the support of her family and the adult. 

1. The Tribunal made the following findings of fact about those issues:

The adult was the sole wage earner and her income was the source of payment of the household expenses including the mortgage payments on the family home and investment property.  There are funds that could be used to support the adult and her family which are not accessible as the funds are held in bank accounts in the sole name of the adult.  The assets of the adult and the welfare of her family are at risk unless funds held by the adult are accessible.  Decisions are needed to be made in the immediate future about selling assets to reduce the expenditure on the adult and her family while she is incapacitated and unable to earn income.   

1. On the basis of the information provided the Tribunal considers that the adult has impaired decision making capacity for the matter. The Tribunal considers there is an immediate risk of harm to the adult’s property.

CONCLUSION

1. The Tribunal determines that the need for an interim appointment of an administrator has been established.

2. The Tribunal appoints SS as administrator for SL for three months for all financial matters.