VJE

[2011] QCAT 111

CITATION: VJE [2011] QCAT 111

PARTIES: VJE

APPLICATION NUMBER:   GAA1758-11

MATTER TYPE: Guardianship and administration matters for adults

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: C Endicott, Senior Member

DELIVERED ON: 6 April 2011

DELIVERED AT: Brisbane

ORDERS MADE:     The application for authorisation of a conflict transaction is dismissed.

CATCHWORDS: 

ADMINISTRATION – request by administrator to use adult’s funds to purchase a motor vehicle – conflict of interest

Guardianship and Administration Act 2000, s 37

APPEARANCES and REPRESENTATION (if any):

The hearing took place on the papers in the absence of the parties.

REASONS FOR DECISION

1. On 26 November 2010 the tribunal appointed GAJ as administrator for all financial matters for VJE.  GAJ is one of four daughters of VJE.

2. In a financial management plan submitted to the tribunal, GAJ set out her strategy for managing the financial affairs of VJE including the sale of her house and the use of the sale proceeds to fund entry into appropriate aged care hostel accommodation for VJE. 

3. On 28 February 2011 GAJ lodged an application in the tribunal seeking authorisation from the tribunal to purchase a motor vehicle in her name using $20,000 from the funds of VJE.  GAJ submitted that her own motor vehicle was in a very bad condition and was undriveable.  GAJ wanted to make use of a new car to visit her mother regularly and to carry out requests relating to her mother’s welfare.

4. On 8 March 2011 the tribunal made directions for GAJ to provide further information about the proposed purchase and to provide written responses from her sisters about the purchase to the tribunal.  The tribunal made a direction that the determination on the application for authorisation of the conflict transaction would be made on the papers.

5. GAJ informed the tribunal that she did not have the income or financial resources to purchase a motor vehicle for herself.  She submitted that she needed to visit her mother regularly and public transport was very difficult.  GAJ submitted that she could not walk long distances due to a knee problem.  GAJ submitted that the funds to be used for the purchase of a motor vehicle in her name could be off set against her prospective interest as a beneficiary of her mother’s estate.

6. One sister supported the use of the funds of VJE to purchase a motor vehicle for GAJ.  However her two other sisters objected to the proposed use of VJE’s funds for this purpose.

7. An administrator is required to exercise decision-making power for an adult with impaired capacity honestly and with reasonable diligence to protect the adult’s interests.[1]  An administrator has a positive obligation to keep their property separate from the adult’s property.[2]  An administrator is prohibited by the Guardianship and Administration Act 2000 from entering into an unauthorised transaction where the duty of the administrator owed to the adult conflicts with the interests of the administrator.[3]

   [1] See section 35 of the Guardianship and Administration Act 2000.

   [2] See section 50 of…