TP
[2015] QCAT 35
•15 January 2015
| CITATION: | TP [2015] QCAT 35 |
| PARTIES: | TP |
| APPLICATION NUMBER: | GAA464-15 |
| MATTER TYPE: | Guardianship and administration matters for adults |
| HEARING DATE: | On the papers |
| HEARD AT: | Brisbane |
| DECISION OF: | Acting Senior Member Endicott |
| DELIVERED ON: | 15 January 2015 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | The application by NC for an interim order is dismissed. |
| CATCHWORDS: | GUARDAINSHIP – where adult has an intellectual impairment – where the adult is in a secure ward in hospital due to his challenging behaviours – where application made for appointment of a guardian and administrator INTERIM ORDER – where adult could not be discharged home – where an assessment was to be conducted of the adult’s care needs – where interim appointment sought before hearing of applications for appointment of guardian and administrator – where evidence failed to establish immediate risk of harm – whether grounds for making interim order Guardianship and Administration Act 2000 ss 12, 129 |
APPEARANCES:
This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act).
REASONS FOR DECISION
A social worker at the hospital applied to QCAT for the appointment of a guardian and administrator for TP. According to information filed by the applicant, TP is an inpatient in hospital and has an intellectual impairment. His parents make decisions informally for TP.
Due to his behaviour, TP was in a locked mental health ward in hospital. His admission to hospital was described as being for diagnostic clarification. An assessment by Disability Services Queensland had been arranged for 28 January 2015.
The applicant stated in the application for appointment of a guardian and administrator that there was no immediate risk of harm to TP. That position would be expected as TP was in a secure part of the hospital receiving care and attention from medical and allied health staff.
Appointments under the Guardianship and Administration Act 2000 are made after a hearing when members must satisfy themselves that the factors in section 12 are established by the evidence presented to the tribunal. However, the Act also provides for interim appointments to be made prior to a hearing if the criteria in section 129 of the Act are met.
QCAT can make an appointment of a decision maker on an interim basis for up to three months. Before an interim order can be made, the tribunal must be satisfied, on reasonable grounds, that there is an immediate risk of harm to the welfare or property of the adult concerned.
The applicant sought an interim order appointing the Public Guardian and The Public Trustee of Queensland as decision makers for TP. The applicant stated that TP had been admitted to hospital due to his increasing difficult behaviours at home. The applicant stated that TP requires 24 hour supported care. He is under an involuntary treatment order under the Mental Health Act and he is assigned one on one nursing assistance in the ward.
The applicant stated that the parents will not accept TP back into his home and accordingly TP is effectively homeless. The applicant stated that TP is paid a Disability Support pension which appears to be paid into a bank account in his father’s name. The applicant stated that TP will require his own bank account if he is to be placed into supported accommodation by Disability Services Queensland.
The evidence presented by the applicant did not disclose any immediate risk of harm to TP. His accommodation and care was being supplied at the hospital and he would be assessed for future support and services at the end of January 2015. There was no evidence that his parents were misusing the financial resources of TP or that they would hinder payment of his accommodation and care costs after the disability assessment had been completed.
The tribunal did not find any immediate risk of harm and therefore there was no basis on which an interim order could be made. No doubt it would be more convenient for the hospital for formal decision makers to be appointed as soon as possible but convenience to the applicant is not a ground for making an interim order.
The application for an interim order was dismissed.
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