SM

CITATION: SM [2014] QCAT 596

PARTIES: SM

APPLICATION NUMBER: GAA3414-14

MATTER TYPE: Guardianship and administration matters for adults

HEARING DATE: 30 July 2014

HEARD AT: Brisbane

DECISION OF: Member Allen

DELIVERED ON: 28 October 2014

DELIVERED AT: Brisbane

ORDERS MADE:

1.    The appointment of The Public Guardian as guardian for SM for decisions about the following personal matters is continued:

(a) Accommodation;

(b) With whom SM has contact and/or visits;

(c) Health care;

(d) Provision of services.

2.   This appointment remains current until further order of the Tribunal.  The appointment is reviewable and is to be reviewed in two (2) years.

CATCHWORDS:

GUARDIANSHIP AND ADMINISTRATION – review of the appointment of a guardian

Guardianship and Administration Act 2000 (Qld), s 12, s 31

APPEARANCES:

SS, applicant and proposed guardian
SK by telephone
SL by telephone
Lisa Pool from the Public Guardian

REPRESENTATIVES:

Tim Brown representing the Public Guardian

REASONS FOR DECISION

Introduction

1. SM is 85 years old and resides at an aged care facility. She came to Australia after the Second World War to live with her husband at Maleny and was part of that community until she transitioned to aged care in 2013. SM has five children SS, SK, SF, SKE and SL. While each of them plays a part in her life there is conflict between them and the Tribunal appointed the then Adult Guardian and the Public Trustee of Queensland as decision-makers for her in 2010 and continued those appointments in 2012.

2. SS has made this application to review the appointment of the Public Guardian due to her concerns in regard to the decision to have SM placed at the aged care facility initially on an interim basis and then later on a permanent basis on 14 May 2014. She has other concerns about the care and treatment her mother is receiving at the aged care facility and that the Adult Guardian is unable to deal with any of these issues in a timely manner as they are bureaucrats in Brisbane. In particular she believes her mother has rejected the facility which she displays by constantly wanting to be taken home to Maleny and waiting outside every day. Her mother lost 5 kilograms following her placement at the aged care facility and despite her informing the facility of her mother’s requirements for dental hygiene she has lost several teeth. She also identified that the cause of her mother not eating properly may have been pain associated with her poor dental hygiene. SM is subject to showering by males and this is said to cause SM great stress and embarrassment, as she is a very private person. There have also been at least two incidents where SS believes unnecessary force was used by the facility in respect of her mother. The first being the day of her arrival at the facility and the second on 21 January 2014.  

3. SS was returning her mother to the facility on 21 January 2014 and was having some difficulty getting SM to…