WBC

[2014] QCAT 502

CITATION: WBC [2014] QCAT 502

PARTIES: WBC

APPLICATION NUMBER: GAA5500-14; GAA5501-14

MATTER TYPE: Guardianship and administration matters for adults

HEARING DATE: 19 September 2014

HEARD AT: Brisbane

DECISION OF: Member Allen

DELIVERED ON: 8 October 2014

DELIVERED AT: Brisbane

ORDERS MADE:

GUARDIANSHIP

1.   The Public Guardian is appointed as guardians for WBC for decisions about the following personal matters:

(a) Accommodation;

(b) With whom WBC has contact and/or visits; and

(c)  Provision of services.

2.   This appointment remains current until further order of the Tribunal. The appointment is reviewable and is to be reviewed in five (5) years.

ADMINISTRATION

3.    The Public Trustee of Queensland is appointed as administrator for WBC for all financial matters.

4.    The administrator is to provide a financial management plan to the Tribunal within four (4) months.

5.    The Tribunal directs the administrator to provide accounts to the Tribunal when requested.

6.    This appointment of The Public Trustee of Queensland remains current until further order of the Tribunal.

NOTICE OF INTEREST IN LAND

7.     That before 19 December 2014 the administrator must:

(a)   Search the records of the Registrar of Titles to identify any property registered in the adult’s name;

(b)   Give the registrar of titles a copy of this order and a notice to the registrar advising that any interest in property held by the adult is subject to this order; and

(c)   Give to the Tribunal:

(i)    A copy of the “Lodgement Summary Form” from the Titles registry confirming the notice has been lodged for each property held by the adult; and

(ii)   A copy of the current title searches.

8.     If the ownership of any property of the adult changes in any way or the adult acquires an interest in another property the administrator must, within fourteen (14) days of such changes:

(a)   Give a copy of this order to the Registrar of Titles; and

(b)   Give a notice to the Registrar about the changes or the adult’s interest in another property.

ENDURING POWER OF ATTORNEY

9. The following Enduring Power of Attorney for WBC is overtaken by the making of these appointments and, in accordance with s22(2) of the Guardianship and Administration Act 2000 can no longer be acted upon to the extent that these appointments have been made:

(a)     The Enduring Power of Attorney dated 17 October 2009 appointing LW and ODL as attorneys for financial, personal and health matters.

CATCHWORDS:

GUARDIANSHIP AND ADMINISTRATION – where one attorney applies to be administrator due to breakdown in relationship with co-attorney – whether breaches of Powers of Attorney Act make attorney inappropriate for appointment.

Powers of Attorney Act 1998 (Qld), s 66, s 67, s 80, s 84, s 85
Guardianship and Administration Act 2000 (Qld), s 12, s 14, s 15, s 22

APPEARANCES and REPRESENTATION (if any):

Present at the hearing were ODL, WL and WD.

REASONS FOR DECISION

Introduction

1. WBC is 84 years old and until recently resided in her own home supported by her children, ODL and WL.…