TMC (Review Administration)
[2011] TASGAB 17
•22 July 2011
GUARDIANSHIP AND ADMINISTRATION BOARD
BURNIE
TMC – Review of Administration Order
Neutral citation: TMC (Review Administration) [2011] TASGAB 17
REASONS FOR DECISION
Abigail Bindoff (Chair)
Grant Kingston (Member)
Mary Davies (Member)
Date of hearing 22 July 2011
Administration – review of administration order – failure by administrator to submit adequate annual reports to the Board – suitability of administrator for continuing appointment
Guardianship and Administration Act 1995 sections 54, 63, 67
On 23 July 2010, the Board (differently constituted) made an administration order appointing BM as administrator for TMC (TMC) for one year. The order was reviewed by the Board pursuant to section 67 of the Guardianship and Administration Act 1995 (the Act) on the day that it was due to expire.
In reviewing an order, the Board cannot make an order continuing the administration unless it is satisfied that TMC is a person with a disability, is by reason of that disability incapable of making reasonable judgments about her estate and is in need of an administrator. The review hearing is also an opportunity to assess the ongoing suitability of an appointed administrator according to the eligibility criteria in section 54 of the Act.
The review hearing was attended by TMC and BM.
Disability and Incapacity
A report by Dr Geoffrey Smith dated 19 July 2011 confirmed that TMC has a disability called schizophrenia. According to Dr Smith, this disability impacts upon her decision making skills with regard to her orientation to person, place and time, her ability to control impulses, her susceptibility to influence and her ability to plan and reason. He stated that although she is no longer in an acute phase of her illness, she still is unable to make reasonable decisions about her finances.
Need for an administrator
When the Board made the order in 2010, TMC had a number of debts which she was unable to pay and some of which had proceeded to legal action. She also had a history of being unable to budget sufficiently to pay for essentials such as groceries and medication.
At the review hearing, the Board heard that the debt situation had not been resolved, although the administrator had discussed bankruptcy with TMC. The Board also heard that TMC continues to accumulate debts whilst under the order.
The Board was satisfied that TMC continues to need an administrator.
The administrator
TMC’ wishes were for the existing administrator to continue as her administrator. At the first hearing it was clear that they have a close and trusting relationship.
Pursuant to section 63 of the Act, an administrator has a responsibility to report annually to the Board specifying the assets and liabilities of the estate, the income and expenditure of the estate over a specified period, and such other particulars relating to the estate as the Board may require. The report must be in a form approved by the Board and be verified by statutory declaration signed by the administrator and supported by such other evidence, if any, as the Board may require. BM was requested to provide an annual report by the Board’s Compliance Officer on 30 May 2011. The Board did not receive an annual report from BM. At the hearing the Board did have the opportunity to peruse a draft annual report that BM handed over. The Board handed the report back to BM for completion. BM stated that he intended to complete and submit the report within a week after the hearing. To date the annual report has not been submitted to the Board.
On perusing the draft report the Board noted that BM stated within it that he does not have the necessary book-keeping skills to effectively carry out the role of administrator for TMC. Further, BM wrote that he would need to employ a book-keeper for a half hour per week, or words to this effect, were he to continue as the administrator for TMC. The Board considered that BM’s oral presentation of TMC’ current financial position demonstrated a deficiency in his organisation and management of TMC estate.
At the hearing, BM told the Board that he had struggled to carry out the tasks of an administrator and he outlined some reasons for this. In particular, he indicated that his availability to fulfill the role adequately was limited now due to his university studies and some personal health issues. BM also declared that he felt conflicted and indecisive in respect of whether it was in TMC best interests to declare herself bankrupt or not. BM stated that he had discussed with TMC the possibility of appointing the Public Trustee as administrator and that TMC had strongly objected to this proposal. BM indicated to the Board that he was reluctant, due to his own difficulties and life situation, to continue as the administrator for TMC, however, in the face of TMC’ opposition to the Public Trustee acting as the administrator and in the absence of other relatives or suitable persons in TMC’ life, BM felt he should continue as the administrator and that this course was in TMC’ best interests. BM indicated that he will continue to support TMC as best he can whether he is the administrator or not.
The Board considered that in light of the particular decisions that need to be made in respect of TMC’ estate at this point in time, BM did not have the requisite capacity or expertise to continue as TMC administrator. There being no other options presented the Public Trustee was considered the least restrictive option.
Conclusion
The Board was satisfied that it is appropriate to continue the order for a further 3 years. The Board considered it is in TMC’ best interests to appoint the Public Trustee in place of BM.
The Board was satisfied that the represented person
is a person with a disability, and
is unable by reason of the disability to make reasonable judgements in respect of her estate, and
is in need of an administrator.
THE BOARD ORDERS
That The Public Trustee be appointed as the represented person’s administrator in place of BM.
That the powers and duties of the administrator be those conferred by Division 4 of Part 7 of the Guardianship and Administration Act 1995.
That the order remains in effect to 21 July 2014.
ABIGAIL BINDOFF GRANT KINGSTON MARY DAVIES
CHAIR MEMBER MEMBER
Date of statement of reasons:
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