TQ (Emergency Guardian)

[2015] TASGAB 19

GUARDIANSHIP AND ADMINISTRATION BOARD
HOBART

TQ – Application for appointment of an emergency guardian   by Mission Australia

TQ (Emergency Guardian) [2015] TASGAB 19

REASONS FOR DECISION

Anita Smith (President)

Date of decision:  10 November 2015

Guardianship – circumstances of urgency, need for a guardian and administrator

Guardianship and Administration Act 1995 section 65

1. On 10 November 2015, the Board received an application for emergency guardianship and administration from a Senior Local Area Coordinator for Mission Australia in relation to TQ (‘the proposed represented person’).  However, the application is signed by the proposed represented person. 

1. Section 65 of the Guardianship and Administration Act 1995 enables the Board, where considers it proper to do so by reason of urgency, and where it considers that there may be grounds for making a guardianship order or an administration order for a person, to make an order appointing the Public Guardian as his or her guardian or The Public Trustee as administrator of his or her estate. 

2. In the exercise of its powers under section 65 the Board is not required to give notice to any person or to hold a hearing before making an order but the Board must make such inquiries or investigations as the Board may think appropriate. The Board may act on a request made, or information received, by telephone or any other means that the Board considers appropriate in the circumstances. An order under this section remains in effect for up to 28 days and may be renewed but only once for a further period not exceeding 28 days.

3. The applicant describes the proposed represented person as having an intellectual disability and as a ‘select mute’.  It states that she is vulnerable to the suggestions of others and unable to live independently.  She shows minimal community safety awareness and no awareness of financial matters. 

4. The application alleges that the proposed represented person has been subject to constant family violence issues and general neglect in relation to hygiene and nutrition.  It states that her informal support is fractured and a negative influence.  It also states that the application was made in accordance with her wishes. 

5. The GAB Investigator, Liz Love, contacted the Senior Local Area Coordinator and the proposed represented person as part of an investigation into the application.   The following information arose from the investigation.  The Investigator’s received more detailed allegations that the proposed represented person is subject to physical, emotional and verbal abuse from her stepfather and siblings.  Teachers at ABC College have given her support and the Police have been involved.  She is provided with meals and hygiene support at school.  She keeps possessions at school to keep them safe, although she has few of them.  The proposed represented person has frequently stated that she does not want to go home.  In addition to the issues of alleged abuse and neglect were the proposed represented person’s concerns that there is fighting and drug abuse at home between other family members.  At the time of the application the proposed represented person was in emergency respite.   In respect of financial matters, the proposed represented person receives no Centrelink payments and that matter has been referred to the social worker at the Burnie Centrelink office.  She has never managed money and will be unable to do so without support.  She will be eligible for NDIA support and arrangements have commenced for that support to be available. 

6. Although the abuse and neglect by her family is alleged to be of long standing, the matter became urgent because the proposed represented person was finishing her schooling at ABC College and would in future be without that high level of personal support.  Without the support of ABC College, there is concern that the proposed represented person will be without basic supports that ensure her wellbeing, such as physical protection, nutrition and hygiene. 

7. These are serious allegations and, if substantiated, the impact of such abuse would be anticipated to be to the immediate and ongoing detriment of the proposed represented person.  The fact that her circumstances are about to change and the important supports of the ABC College staff will be withdrawn increase the possible risk to the proposed represented person.  To avoid that risk as guardian can make and enforce decisions about where she lives temporarily or permanently and also to restrict visitors.  Appointment of an administrator not only protects the safety of her assets and income, but also facilitates the decisions imposed by the guardian. 

8. Taking into account (i) that the application reflects the wishes of the proposed represented person, (ii) it is designed to enhance her freedom of decision and action by removing her from a residence where it is alleged that she does not have access to her possessions and her personal safety is not assured, and (iii) it reflects her best interests to be removed from a residence where it is alleged her personal safety is not assured, the Board considers the making of an order to be appropriate and necessary. 

Guardianship:

The Board being satisfied that there are reasons for urgency and grounds for making a Guardianship order in respect of TQ (hereinafter called the ‘represented person’)

THE BOARD ORDERS

1. That the Public Guardian be appointed as guardian of the represented person.

2. That the powers and duties of the guardian are limited to:

   i)decisions concerning where the represented person is to live whether permanently or temporarily and

   ii)providing consent to any reasonable measures required to convey the represented person to the place of residence as determined by the guardian, and

   iii)to restrict visits to a represented person to such extent as may be necessary in her best interests and to prohibit visits by any person if the guardian reasonably believes that they would have an adverse effect on the represented person.

3. That this order remains in effect for 28 days from this date.

FURTHER THE BOARD DIRECTS:

1. That on or before the expiry of 25 days duration of this order the Public Guardian shall report to the Board in accordance with the approved form for emergency order reports.

2. If a further order is required the Public Guardian is hereby directed to take all reasonable steps to ensure that an application for guardianship and a Health Care Professional Report are completed by the applicant before the expiry of the emergency order.

Administration:
The Board being satisfied that there are reasons for urgency and grounds for making an administration order in respect of TQ (hereinafter called the ‘represented person’)

THE BOARD ORDERS

1. That The Public Trustee be appointed administrator of the represented person.

2. That this order remains in effect for 28 days from this date.

FURTHER THE BOARD DIRECTS:

1. That on or before the expiry of 25 days duration of this order The Public Trustee shall report to the Board upon the following matters:
   (a)       Any decisions or transactions made on behalf of the represented person pursuant to this order,
   (b)       Whether any matters have come to the attention of The Public Trustee that might indicate whether or not there is need for a continuing administration order, and if so

2. The Public Trustee is hereby directed to take all reasonable steps to ensure that an application for administration and a Health Care Professional Report are completed by the applicant before the expiry of the emergency order.

Note: these orders were renewed on 8 December 2015 for a further 28 days. 

Anita Smith
PRESIDENT