TBM

The parties involved in this case are TBM, the adult in question, and the Public Guardian and Public Trustee of Queensland, who were appointed to oversee TBM's personal and financial matters respectively. The dispute centered on whether TBM had the capacity to make personal and financial decisions, with the need for the appointment of a guardian and administrator being contested. The case was heard in the Tribunal, which was tasked with considering the medical evidence and submissions from the parties to determine if the presumption of capacity was to be rebutted.

The legal issues the court was required to decide included whether TBM had the capacity to make personal and financial decisions, and if so, whether it was appropriate to appoint a guardian and administrator. The court needed to consider the medical evidence, particularly the neuropsychological report by Dr Michelle Livock, which indicated TBM's severe intellectual disability and the need for 24-hour support and supervision. The court also needed to weigh the evidence from Dr John Houghton, a general practitioner, who concluded that TBM was unable to make decisions freely and voluntarily.

In its reasoning, the court found that TBM's severe intellectual disability and deficits in various cognitive areas, as well as the need for constant support, rebutted the presumption of capacity. The court accepted the medical evidence and submissions from the parties, and appointed the Public Guardian as guardian for TBM's personal matters and the Public Trustee of Queensland as administrator for TBM's financial matters. The court also directed the administrator to provide accounts to the Tribunal when requested and dispensed with the requirement for the administrator to provide a financial management plan.

The final orders of the court included the appointment of the Public Guardian as guardian for TBM's personal matters, and the Public Trustee of Queensland as administrator for TBM's financial matters. The appointments remain current until further order of the Tribunal and are reviewable, with the guardian's appointment to be reviewed in two years.