SLE - [2010] QCAT 251

CITATION:

SLE [2010] QCAT 251

PARTIES:

SLE

APPLICATION NUMBER:

GAA4135-10

MATTER TYPE:

Guardianship and administration matters

HEARING DATE:

9 June 2010

HEARD AT:

Brisbane

DECISION OF:

C Endicott, senior member

DELIVERED ON:

9 June 2010

DELIVERED AT:

Brisbane

ORDERS MADE:

Administrator appointed.

CATCHWORDS :

Section 12 Guardianship and Administration Act 2000 - need for decisions about financial matters – administrator appointed

APPEARANCES and REPRESENTATION (if any):

The hearing took place on the papers in the absence of the parties.

REASONS FOR DECISION

SLE is 83 years of age. He had been admitted to hospital in March 2010 after living alone in rented accommodation with some community support. He was subsequently discharged from hospital to an aged care facility after having an assessment by the Aged Care Assessment Team which had recommended high care, dementia secure residential care.
An assessment of SLE’s assets was not able to be undertaken to determine whether he was entitled to a concessional rate of care fees and a direct debit arrangement on his bank account was resulting in rental being deducted from his bank account for accommodation he no longer needed.
The manager of the care facility where SLE resides applied to the Tribunal seeking the appointment of an administrator for SLE.
In determining that application, the Tribunal must first consider whether SLE has capacity for decision-making about his financial matters. There is a presumption at law that all adults have the capacity to make their own decisions. That presumption can be rebutted by medical evidence.
The Tribunal was provided with a report from Dr John Morgan dated 30 May 2010. Dr Morgan had diagnosed advanced dementia and an acquired brain injury. Dr Morgan was of the opinion that SLE could not understand and act on information about his financial affairs. Dr Morgan stated an opinion that SLE could not make decisions freely and voluntarily and he could not make any simple or complex decisions due to an acquired brain injury and dementia.
The assessment by the Aged Care Assessment Team on 10 May 2010 reported that SLE had regular short term memory problems, he manifested regular at risk behaviour, he was not always orientated to time, place or person, he had occasional delusions and extreme confusion.
The Tribunal notes that the medical evidence is not contradicted and accepts that evidence. The Tribunal finds that SLE has been diagnosed with advanced dementia and an acquired brain injury, he has short term memory deficits, he is not always orientated to time, place or person and he manifests extreme confusion.
The Guardianship and Administration Act 2000 (the Act) defines capacity as: “capacity”, for a person for a matter, means the person is capable of-

a)understanding the nature and effect of decisions about the matter; and
b)freely and voluntarily making decisions about the matter; and
c)communicating the decisions in some way.

Dr Morgan has expressed an opinion that SLE cannot make decisions freely and voluntarily due to his dementia and acquired brain injury. Based on the findings of…

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: SLE [2010] QCAT 251
Case: [2010] QCAT 251
Decision Date: 9 June 2010

CaseChat Overview and Summary

The matter before the court involved a dispute regarding the need for an administrator to be appointed for an individual, SLE, under Section 12 of the Guardianship and Administration Act 2000. The court was tasked with determining whether SLE required an administrator to manage their financial affairs. SLE, the subject of the case, was unable to manage their own financial matters due to incapacity. The court was presented with evidence from medical professionals and family members about SLE's mental and physical condition and its impact on their ability to handle financial responsibilities.

The legal issues before the court centred on whether SLE met the criteria for the appointment of an administrator under Section 12 of the Guardianship and Administration Act 2000. This required the court to assess the evidence regarding SLE's capacity to manage their financial affairs and the necessity of appointing an administrator to act on their behalf. The court had to consider the best interests of SLE and whether an administrator was essential to ensure their financial well-being and protection from potential exploitation or mismanagement.

The court found that SLE did indeed meet the criteria for the appointment of an administrator. SLE's incapacity was well-documented, with clear evidence of their inability to manage their financial matters effectively. The court concluded that SLE required an administrator to ensure their financial affairs were managed responsibly and in their best interests. The evidence supported the view that without an appointed administrator, SLE would be at risk of financial harm. Consequently, the court appointed an administrator to oversee SLE's financial matters, ensuring their assets were managed appropriately and their rights protected.

The final orders of the court included the appointment of an administrator to manage SLE's financial affairs. This decision was made in the interest of ensuring SLE's financial security and protection from potential exploitation or mismanagement, given their incapacity to handle these matters themselves.

Orders

Orders of the court

Administrator appointed.

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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