TF
[2011] QCAT 7
•5 January 2011
| CITATION: | TF [2011] QCAT 7 |
| PARTIES: | TF |
| APPLICATION NUMBER: | GAA7390-10 |
| MATTER TYPE: | Guardianship and administration matters for adults |
| HEARING DATE: | 5 January 2011 |
| HEARD AT: | Brisbane |
| DECISION OF: | C Endicott, senior member |
| DELIVERED ON: | 5 January 2011 |
| DELIVERED AT: | Brisbane |
ORDERS MADE: | Application for a declaration about capacity is dismissed |
| CATCHWORDS : | ADMINISTRATION – declaration sought as to capacity of adult – no recent evidence provided to support application - section 47 of the Queensland Civil and Administrative Tribunal Act 2009 – early end to proceedings – application lacks substance |
APPEARANCES and REPRESENTATION (if any):
The hearing took place on the papers in the absence of the parties.
REASONS FOR DECISION
In 1999 The Public Trustee of Queensland was appointed under the Mental Health Act 1974 to manage all financial matters for TF. After the commencement of the Guardianship and Administration Act 2000 the appointment was taken to be an appointment of an administrator under that Act.
On 13 August 2010 TF lodged an application with the tribunal seeking a declaration that she has capacity to make her own financial decisions. The application was accompanied by a copy of a report dated 22 July 2009 by Dr AH, psychiatrist, from the Adult Mental Health Service in a regional city of Queensland.
In that report Dr AH reported that on 22 June 2009 TF had presented with clinical manifestations of schizoaffective disorder. Dr AH diagnosed incipient relapsed schizophrenia and depression. Dr AH reported that with treatment her mental condition had improved by 6 July 2009 and he had discharged TF back into the care of her local doctor on 22 July 2009. The report contained no information abut TF’s capacity for decision making.
On 17 September 2010 a staff member from the tribunal registry wrote to TF informing her that her application was not supported by a report from a health professional. She was informed that her application would not proceed unless medical evidence was provided about her decision making capacity.
On 20 October 2010 a report was lodged with the tribunal by a trust officer employed by The Public Trustee of Queensland. In that report it was stated that a recent discussion had occurred with TF in which she expressed the view that it was in her best interest for the appointment of the administrator to continue. That discussion had taken place in the presence of members of TF’s support network who also supported the ongoing appointment of the administrator.
A staff member from the tribunal registry wrote to TF on 29 November 2010 and enquired whether TF wanted the appointment of the administrator to continue in view of the comments made in the report of The Public Trustee of Queensland. No response was received from TF.
General Principle 1 in the Schedule to the Guardianship and Administration Act 2000 states that an adult is presumed to have capacity to make decisions. Before the Tribunal can appoint a decision maker for an adult or can complete a review of an appointment of such a decision maker, the Tribunal must be satisfied that the presumption of capacity has been rebutted by evidence satisfactory to the Tribunal.
Evidence was provided to the tribunal about TF’s decision making capacity for financial matters. On 14 April 1999 a doctor at a regional hospital provided a certificate that TF was incapable of managing her financial estate. That doctor reported that TF had lost a considerable amount of money and that she owed a lot of money and appeared to be incapable of managing her affairs.
Evidence had been provided in a report by a social worker from the Adult Mental Health Team who stated on 12 May 2005 that TF has been diagnosed with schizophrenia since 2000. Initially the social worker had expressed an opinion that TF could make her own financial decisions but he expressed a contrary opinion on 2 September 2005 after TF had made some financial decisions that had not been well thought out.
10. The Public Trustee of Queensland reported that in September 2010 TF had suffered a mild stroke. For some months prior to this event, TF’s former son-in-law had moved into TF’s unit with his two children. TF had reportedly used her own finances to support them as she had made requests to her administrator for extra funds during this period. TF had placed herself at risk of eviction from her Queensland Housing accommodation as the presence of extra people living in her unit was a breach of her lease. TF had to be advised by her administrator to take steps to have the extra people removed from her unit.
11. The Public Trustee of Queensland reported that after TF’s former son-in-law had moved out of her unit, he had returned a couple of times and had asked her for money which she gave to him. It was also reported that TF has accepted reverse calls from a member of her family resulting in charges in excess of $220 being incurred by her.
12. According to the report of her administrator, over the past two years, TF has frequently opened and closed bank accounts, arranged direct debits for the supply of goods or services she cannot afford, arranged for a credit card on which she incurred $1,222.58 in debt and incurred telephone debts (one being $2,355.68) which she could not afford to repay. Her administrator has been able to cancel most of the direct debit and credit card arrangements and has negotiated with debt collectors and creditors to waive most of her debts. The administrator sends regular crediting checks to Veda Advantage and Dunn and Bradstreet to monitor the credit applications that TF makes on a regular basis.
13. The evidence provided to the tribunal, both recent and from several years ago, paints a consistent picture of TF failing to understand the consequences of decisions that she makes about the use of her financial resources. It is evidence capable of rebutting the presumption of capacity. TF has not provided any evidence to challenge the relevance or cogency of this evidence held by the tribunal about her decision making capacity for financial matters.
14. The tribunal must deal with matters in a way that is accessible, fair, just, economical, informal and quick. A party to a proceeding in the tribunal is under an obligation set out in section 45 of the Queensland Civil and Administrative Tribunal Act 2009 to act quickly in any dealing relevant to the proceeding. TF has failed to provide evidence to support her application for a declaration about capacity despite being given an adequate opportunity to do so.
15. Section 47 of the Queensland Civil and Administrative Tribunal Act 2009 gives the tribunal power to bring a proceeding to an early end if the tribunal considers that an application is frivolous, vexatious or misconceived or is lacking in substance or is otherwise an abuse of process.
16. The tribunal concludes that the application by TF for a declaration about her capacity should be brought to an early end in view of her failure to provide supportive capacity information that the tribunal has requested. Without that information the application cannot proceed to a hearing for determination on its merits.
17. The tribunal considers that the application is lacking in substance and must be dismissed.
0
0
0