The Public Trustee and EP

[2006] WASAT 335

JURISDICTION     :   STATE ADMINISTRATIVE TRIBUNAL

STREAM:   HUMAN RIGHTS

ACT: GUARDIANSHIP AND ADMINISTRATION ACT 1990 (WA)

CITATION:   THE PUBLIC TRUSTEE and EP [2006] WASAT 335

MEMBER:   MS J TOOHEY (SENIOR MEMBER)

HEARD:   DETERMINED ON THE PAPERS

DELIVERED          :   15 NOVEMBER 2006

FILE NO/S:   GAA 2025 of 2006

BETWEEN:   THE PUBLIC TRUSTEE

Applicant

AND

EP
Represented Person

Catchwords:

Administration - Public Trustee appointed administrator - Application for revocation of appointment- Represented person now living in South Australia - South Australian Public Trustee now appointed administrator - No further need for administrator in Western Australia - Appointment revoked

Legislation:

Guardianship and Administration Act 1990 (WA), s 64

Result:

The order made on 9 November 2005 is revoked

Category:    B

Representation:

Counsel:

Applicant:     Self-represented

Represented Person       :     Self-represented

Solicitors:

Applicant:     Self-represented

Represented Person       :     Self-represented

Case(s) referred to in decision(s):

Nil

Case(s) also cited:

Nil

REASONS FOR DECISION OF THE TRIBUNAL: 

Background

1. On 3 March 2005, the Tribunal appointed the Public Trustee plenary administrator for EP pursuant to s 64 of the Guardianship and Administration Act 1990 (WA). At the same time, the Tribunal appointed the Public Advocate limited guardian for EP with functions to decide where, and with whom, she was to live. Both appointments were made reviewable by the Tribunal after 12 months.

2. On 28 September 2005, for reasons which are not important here, EP's daughter sought review of the orders made on 3 March 2005.  On 9 November 2005, the Tribunal confirmed the appointments of the Public Trustee and the Public Advocate and ordered that each be reviewed by 9 November 2007.

3. Shortly after the Tribunal's decision to confirm the appointments, EP moved from Western Australia to a nursing home in South Australia.  The Public Trustee in South Australia and the Public Advocate in that State were subsequently appointed her administrator and guardian respectively.

4. On 13 July 2006, the Public Advocate sought revocation of her appointment on the ground that, the Public Advocate in South Australia having been appointed EP's guardian, there was no further need for an appointment in Western Australia.  The Tribunal accepted this was so and, on 7 August 2006, revoked the Public Advocate's appointment.

5. The Public Trustee now seeks revocation of his appointment as plenary administrator on similar grounds.  He advises that the Public Trustee in South Australia is now EP's plenary administrator, that EP owns no property in Western Australia, and that there is no longer any purpose served by his appointment remaining in force.

Reasons for decision

1. EP is elderly and now settled in a nursing home in South Australia.  The Tribunal accepts that she has no property in Western Australia that might be the subject of an administration order and there is no realistic prospect of her returning to Western Australia.  The Public Trustee in South Australia is managing her financial affairs on her behalf.  No purpose is served by the continued appointment of the Public Trustee in this State as her administrator.

2. There being no further need for the appointment of the Public Trustee in Western Australia as EP's administrator, the order made on 9 November 2005 is revoked.

Order

1. The order made on 9 November 2005 appointing the Public Trustee plenary administrator is revoked.

I certify that this and the preceding [8] paragraphs comprise the reasons for decision of the State Administrative Tribunal.

___________________________________

MS J TOOHEY, SENIOR MEMBER