WAK
[2010] QCAT 275
•16 June 2010
| CITATION: | WAK [2010] QCAT 275 |
| PARTIES: | WAK |
| APPLICATION NUMBER: | GAA10393-09 |
| MATTER TYPE: | Guardianship and administration matters |
| HEARING DATE: | 16 June 2010 |
| HEARD AT: | Brisbane |
| DECISION OF: | C Endicott, senior member |
| DELIVERED ON: | 16 June 2010 |
| DELIVERED AT: | Brisbane |
ORDERS MADE: | Appointment of the Public Trustee of Queensland as administrator for all financial matters until further order |
| CATCHWORDS : | Section 12 Guardianship and Administration Act 2000 - need for decisions about financial matters – administrator appointed |
APPEARANCES and REPRESENTATION (if any):
The hearing took place on the papers in the absence of the parties.
REASONS FOR DECISION
WAK is 30 years of age. She resides by herself in a unit. She has been diagnosed and treated for a mental illness and has had numerous admissions to hospital since she was 14 years of age usually related to drug use and non-compliance with treatment. She has been case managed in the community for a number of years.
WAK’s case manager with the Continuing Care team from Community Mental Health applied to the Tribunal seeking the appointment of an administrator for WAK.
When determining that application, the Tribunal must first consider whether WAK has capacity for decision-making about her financial matters. There is a presumption at law that all adults have the capacity to make their own decisions. That presumption can be rebutted by medical and other evidence.
The Tribunal was provided with a report from Dr John Gavilan dated 2 February 2010. Dr Gavilan is a consultant psychiatrist who was treating WAK for about one year. He reported a diagnosis of schizo-affective disorder. Dr Gavilan expressed an opinion that WAK could operate a bank account and pay bills but she had great difficulty with budgeting. Dr Gavilan expressed an opinion that WAK could not make simple or complex financial decisions due to a psychiatric disability.
The Tribunal was provided with a psychological assessment report dated 24 August 2009. The report revealed that WAK had been assessed as having a full score IQ within the range of 67-75 being within the borderline range. An occupational therapy assessment conducted in October 2007 revealed that WAK had demonstrated some difficulties with concepts of money management and practical use of money. She had difficulties with budgeting and prioritising expenditure and she had demonstrated difficulty maintaining a budget in the community due to her impulsivity and past drug use.
The recent evidence from Dr Gavilan is supported by the previous psychological and occupational therapy assessments. This evidence has not been contradicted and the Tribunal accepts the evidence of Dr Gavilan as well as the psychological and occupational therapy assessments. The Tribunal finds that WAK has been diagnosed with schizo-affective disorder, she has a borderline intellectual disability, she acts impulsively and she has difficulties in understanding and implementing budgeting concepts into her life in the community.
The Guardianship and Administration Act 2000 (the Act) defines capacity as: “capacity”, for a person for a matter, means the person is capable of-
a)understanding the nature and effect of decisions about the matter; and
b)freely and voluntarily making decisions about the matter; and
c)communicating the decisions in some way.
Dr Gavilan has expressed an opinion that WAK would not be able to make simple or complex financial decisions due to her psychiatric disability. Based on the findings of fact made in paragraph 6, the Tribunal concludes that WAK cannot understand the nature and effect of decisions about her financial affairs as she acts impulsively without thinking of the consequences of her actions and she cannot understand concepts inherent in budgeting around her finances. The Tribunal is satisfied that the presumption of capacity has been rebutted and that WAK has impaired decision making capacity about financial matters.
The applicant seeks the appointment of an administrator for WAK. Section 12 of the Act deals with the question of need for an appointment of a guardian or administrator and provides, where relevant, as follows:
(1) The tribunal may, by order, appoint a guardian for a personal matter, or an administrator for a financial matter, for an adult if the tribunal is satisfied—
(a) the adult has impaired capacity for the matter; and
(b) there is a need for a decision in relation to the matter or the adult is likely to do something in relation to the matter that involves, or is likely to involve, unreasonable risk to the adult’s health, welfare or property; and
(c) without an appointment—
(i) the adult’s needs will not be adequately met; or
(ii) the adult’s interests will not be adequately protected…..
10. In the application it is stated that WAK has been consulted about the request for the appointment of an administrator and that she understood that such an appointment was a good way to manage her finances. WAK does not have family support close to where she is residing and she is reported as having few friends. WAK is in receipt of a disability support pension and would like to resume work.
11. Decisions have to be made on an ongoing basis about how WAK uses her income and about how she meets her regular expenditure on accommodation, food, utilities and how she saves for unexpected expenditure and for her future needs. In the past WAK has demonstrated poor prioritisation with her expenditure and choices made that had left her vulnerable and without adequate access to the necessities of life.
12. The Tribunal is satisfied that without the appointment of an administrator WAK’s interests will not be adequately protected. She would be vulnerable to the risk of being left with inadequate funds for food and other necessities due to poor budgeting and impulsive spending.
13. The Tribunal is satisfied that an administrator should be appointed for WAK for all financial matters.
14. The application proposes the appointment of The Public Trustee of Queensland as the administrator for WAK. In the absence of any family or friends willing to take on that role, the only option for appointment as administrator is The Public Trustee of Queensland.
15. The Tribunal is confident that The Public Trustee of Queensland will apply the general principles and will make financial decisions for WAK in a way consistent with her proper care and protection. The appointment will be for an indefinite period and will remain until further order of the Tribunal. WAK may over time develop an understanding of budgeting and she may be able at a future time to demonstrate adequate control of her finances. In that event, the Tribunal is confident that The Public Trustee has processes in place to support WAK towards such a goal and will ensure that the least restrictive options for the particular circumstances are in place when managing WAK’s finances.
16. The administrator is to provide a financial management plan to the Tribunal within four months and must provide accounts when requested.
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