ST
[2012] QCAT 12
•23 January 2012
| CITATION: | ST [2012] QCAT 12 | |
| PARTIES: | ST | |
| APPLICATION NUMBER: | GAA9202-10 / GAA9203-10 |
| MATTER TYPE: | Guardianship and administration matters for adults |
| HEARING DATE: | 2 February 2011 |
| HEARD AT: | Brisbane |
| DECISION OF: | Mr J Allen, Member |
| DELIVERED ON: | 23 January 2012 |
| DELIVERED AT: | Brisbane |
ORDERS MADE: | Appointment of the Adult Guardian as Guardian and the Public Trustee of Queensland as administrator. |
| CATCHWORDS: | Capacity of adult – need for decision about personal and financial matters – guardian and administrator appointed Guardianship and Administration Act 2000, s 12 |
APPEARANCES and REPRESENTATION (if any):
| APPLICANT: | ST was represented by an advocate, Ms Susan Gray |
REASONS FOR DECISION
ST is 50 years old and has come to Australia as a refugee from the African region. He had been living in a community with other people from his country close by for some years until concerns were raised by a friend which resulted in his hospitalisation and ultimately placement at a nursing home at New Farm in 2010 following an ACAT assessment which recommended a low care secure facility.
This facility was not considered suitable for ST as a result of it being a long way from his community which meant he had infrequent visitors and also the degree of confinement. As a result of an incident ST was placed in the Royal Brisbane Hospital and at the time of the hearing was in the extended care unit there.
An application for guardianship and administration for ST was made by a hospital social worker.
The Tribunal must first consider whether ST has capacity[1] for decision-making about his personal and financial matters. ST was assessed by Dr Karin Rencken of the Older Persons Mental Health Service on 16 September 2010. Dr Rencken noted that while ST is able to dress and bath himself he has very limited cleaning ability and limited cooking ability. That he is unable to handle money, unable to complete shopping and requires ongoing support from staff at MDA. On testing there was no evidence of thought disorder with possibly some poverty of content of thinking and no evidence of delusions and no abnormal perceptions. His MMSE was 10/24 with problems with spatial orientation. His RUDAS was 14/30 with problems with memory, recall and visual spatial orientation. He has a probable positive syphilis serology and a CT scan revealed subcortical white matter changes.
[1] Dictionary to the Guardianship and Administration Act 2000.
Dr Alice Kennard provide a health professional report to the tribunal. Dr Kennard noted that ST had current medical conditions of neurosyphylis and type 2 diabetes. That his scores were 7/24 on the MMSE and 5/30 on RUDAS. That he was independent with activities of daily living apart from instrumental activities. He had no ability to make lifestyle and accommodation decisions and financial ones. That due to his non english speaking background he had communication difficulties.
At the hearing both Brett White and Christine Cotter, social workers raised issues about ST problems with his short term memory and his inability to retain information to make decisions. ST through an interpreter advised the tribunal that he wished to live back in the community and that he felt better and wanted to be discharged from hospital.
The Tribunal is satisfied that as result of the cognitive affects on ST of neurosyphilis in particular his short term memory loss that he has impaired capacity for both personal and financial decisions.
The Tribunal can appoint a decision maker if it is satisfied that there is a need for decisions to be made and the needs of the adult cannot be met without a formal appointment[2].
[2] Section 12 of the Guardianship and Administration Act 2000.
ST is currently in the extended care unit at Royal Brisbane Hospital and requires placement in either an appropriate care facility or a residence with service provision provided. While the previous decision for placement at the nursing home was made informally it is clear that this decision was not successful. An accommodation decision for ST requires that his need for contact with his community be taken into account as far as possible and that will require active decision making. If there is a chance that he may be able to return to the community that will also require service provision. ST has complex health needs in particular his diabetes and the ongoing affects of the neurosyphilis which will also require decision making. There have also been allegations of improper conduct against ST in respect of his time at the nursing home and he may require legal representation.
[10] A concern was raised by Mr Ricardo Rodriguez that the appointment of a guardian may prejudice ST’s son’s application to come to Australia on a carer’s visa. It should be noted that a guardian is a decision maker and not a carer so there should be no affect on that application.
[11] ST has many people in his life such as Mr Rodriguez and those in his community and while they are able and willing to provide informal support to him they have not sought formal appointment as guardian. The Tribunal has been advised by the adult guardian’s representative that the adult guardian is willing to be appointed and there is no-one else available for appointment.
[12] The Tribunal appoints the adult guardian as guardian for ST for decisions about accommodation, health care, provision of services and legal matters not relating to the adult’s financial and property matters.
[13] Mr Rodriguez had been assisting ST with his banking in particular ensuring that money was sent regularly to ST’s son. ST receives the pension and he will have expenses for his accommodation and other needs. Once an accommodation decision is made arrangements will need to be made for the payment of the rent or aged care facility fees and any necessary agreements will be required to be signed.
[14] The Public Trustee of Queensland has been nominated as administrator and there is no-one else available for the role. The Public Trustee of Queensland provides an independent professional service as an administrator and as ST appears to have limited means there will be no fee charged for this service.
[15] The Tribunal appoints the Public Trustee of Queensland as ST’s administrator for all financial matters.
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