WEG

[2019] QCAT 89

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

WEG [2019] QCAT 89

PARTIES:

In an application about a matter concerning WEG

APPLICATION NO/S:

GAA14461-18

MATTER TYPE:

Guardianship and administration matters for adults

DELIVERED ON:

2 April 2019

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member Allen

ORDERS:

GUARDIANSHIP

1.   The Public Guardian is appointed guardian for WEG for the following personal matters only:

(a)   accommodation decisions;

(b)   health care of WEG;

(c)    provision of services for WEG.

2.   The Tribunal directs the guardian to provide a written account of their actions as guardian to the Tribunal no later than three (3) working days prior to the hearing.

3.   This guardianship appointment remains current for three (3) months or, if the Tribunal makes a further order in this matter, until the date of the further order, whichever is the sooner.

ADMINISTRATION

1.   The Public Trustee of Queensland is appointed administrator for WEG for all financial.matters.

2.   The Tribunal directs the administrator to provide a written account of their actions as administrator to the Tribunal no later than three (3) working days prior to the hearing.

3.   This administration appointment remains current for three (3) months or, if the Tribunal makes a further order in this matter, until the date of the further order, whichever is the sooner.

ENDURING POWERS OF ATTORNEY

1. The Tribunal notes that the following enduring power of attorney for WEG is overtaken by the making of these appointments and, in accordance with s 22(2) of the Act can no longer be acted upon to the extent that these appointments have been made:

(a) The enduring power of attorney dated 23 August 2002 appointing WEC and HEY as attorneys for financial, personal and health matters.

CATCHWORDS:

HEALTH LAW – GUARDIANSHIP, MANAGEMENT AND ADMINISTRATION OF PROPERTY OF PERSONS WITH IMPAIRED CAPACITY – OTHER MATTERS – where application for guardianship and administration – where application for interim order – whether adult at immediate risk of harm

Guardianship and Administration Act 2000 (Qld), s 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).

REASONS FOR DECISION

1. EL, a social worker, made an application to the Tribunal for the appointment of the Public Guardian as guardian and the Public Trustee of Queensland as administrator for WEG and also for an interim order. WEG has a diagnosis of vascular dementia and has a metastatic skin malignancy. EL was concerned that WEC and HEY, the children of WEG, who were his appointed attorneys were not acting in WEG’s best interests. In particular, they were reluctant to act on behalf of WEG, in regards to discharge planning and had failed to accept reasonable offers of accommodation at a residential aged care facility. WEG was hospitalised in April 2018 due to his cancer, which initially was said to be palliative but, following treatment he was suitable for discharge. Numerous attempts to advise WEG’s attorneys that he was medically stable and ready to transition to an aged care facility were made, yet they continued to leave him in hospital putting him at risk of hospital borne infections and depriving him of an environment which meets his needs for such things as social interaction.

2. The Tribunal may make an interim order in accordance with s 129 of the Guardianship and Administration Act 2000 (Qld) (‘GA Act’) where an adult is at immediate risk of harm in regard to their health, welfare or property. I am satisfied that where WEG has been medically stable for a long period of time, the failure of his attorneys to attend to discharge planning for him puts him at immediate risk of harm to his health and welfare. I note that the necessary decisions to enable discharge will require the appointment of a guardian for accommodation, health and provision of services and, that, as there will be financial decisions necessary to ensure that any necessary accommodation can be paid for, an administrator will also be required. I therefore appoint the Public Guardian as guardian for those mattes and the Public Trustee of Queensland as administrator in accordance with the order. The enduring power of attorney will be overtaken by these appointments to the necessary extent in accordance with s 22 of the GA Act.