QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
WJ [2021] QCAT 30
PARTIES:
In applications about matters concerning WJ
APPLICATION NO/S: GAA12291-19
GAA12292-19
GAA3208-20MATTER TYPE:
Guardianship and administration matters for adults
DELIVERED ON:
3 February 2021
HEARING DATES:
10-13 August 2020; 25 August 2020; 30 October 2020
HEARD AT:
Southport
DECISION OF:
Member Joachim
Member Allen
ORDERS: GUARDIANSHIP
1. The application by WA for the appointment of a guardian for WJ is dismissed.
ADMINISTRATION
2. The application by WA for the appointment of an administrator for WJ is dismissed.
ENDURING POWER OF ATTORNEY
3. The following Enduring Powers of Attorney for WJ are declared valid pursuant to s113(1) of the Powers of Attorney Act 1998 and s82(2) of the Guardianship and Administration Act 2000:
(a) The Enduring Power of Attorney dated 13 November 2019 appointing RC and WD as attorneys for personal and health matters.
(b) The Enduring Power of Attorney dated 13 November 2019 appointing RC and WD as attorneys for financial matters.
CATCHWORDS: HEALTH LAW – GUARDIANSHIP, MANAGEMENT AND ADMINISTRATION OF PROPERTY OF PERSONS WITH IMPAIRED CAPACITY – where adult becomes physically disabled because of serious medical condition – where adult’s daughter considers adult has impaired capacity – where adult and daughter were estranged – where adult commenced to involve daughter in his financial affairs, and then reduces this – where adult places assets in trust – where adult executes three Enduring Powers of Attorney (‘EPA’) in 12 months – whether adult had capacity to execute an EPA in November 2019 – whether adult has capacity for decision-making
Guardianship and Administration Act 2000 (Qld) s 12, schedule 4
Powers of Attorney Act 1998 (Qld) s 41
FAJ [2013] QCAT 703
HWR [2010] QCAT 349
RV [2019] QCAT 384SJWN [2013] QCAT 136
APPEARANCES & REPRESENTATION:
Adult:
WJ represented by Mr RT Whiteford of Counsel assisted by Ms KJ Kluss of Counsel and instructed by Mr C Kohler of Ellison Moschella & Co
Applicant:
WA self-represented
Public Trustee:
Mr C Miles and Mr N Te Ua
REASONS FOR DECISION
The applicant in these proceedings is WA, who is a registered psychologist. She seeks appointments as guardian and administrator for her father, WJ. She also seeks orders about Enduring Powers of Attorney executed on 5 April 2019 and 13 November 2019, suggesting they are invalid for want of capacity. She is seeking a declaration that the Enduring Power of Attorney of 24 January 2019 is valid.
The applications are dealt with under s 12 of the Guardianship and Administration Act 2000 (Qld) (‘the GAA’) in respect of guardianship and administration. Before making an appointment of a guardian or administrator, the Tribunal must be satisfied that WJ has impaired capacity for decision-making, and that there is a need for an appointment of a guardian and/or an administrator. The relevant matters to consider capacity for decision-making are contained in Schedule 4 of the GAA. The relevant matters in relation to capacity to execute an Enduring Power of Attorney…
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- AGLC
- WJ [2021] QCAT 30
- Case
- [2021] QCAT 30
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were whether WJ had the capacity to execute an Enduring Power of Attorney in November 2019, and if WJ currently had the capacity for decision-making. These issues required careful examination of WJ's mental state, the nature of their medical condition, and the circumstances surrounding the execution of the Enduring Powers of Attorney. The court had to determine if the legal criteria for capacity were met at the relevant times and if WJ's actions were consistent with a person of sound mind.
In reaching its decision, the court thoroughly assessed the evidence regarding WJ's medical condition and its impact on their cognitive abilities. The court concluded that WJ had the capacity to execute the Enduring Powers of Attorney in November 2019 and that WJ currently had the capacity for decision-making. This conclusion was based on an evaluation of WJ's understanding and intent in executing the Enduring Powers of Attorney, as well as their ability to make informed decisions at the relevant times. The court found that the evidence did not support the claim that WJ lacked capacity at the time of executing the Enduring Powers of Attorney or at the time of the hearing.
The court dismissed WA's applications for the appointment of a guardian and an administrator for WJ, finding that WJ had the capacity to manage their own affairs. The court also declared the Enduring Powers of Attorney dated 13 November 2019 to be valid, recognising RC and WD as attorneys for personal, health, and financial matters. This decision underscored the importance of assessing capacity based on the specific circumstances of each case and the need for clear evidence to support claims of impaired capacity.
Orders
Orders of the court
GUARDIANSHIP
1. The application by WA for the appointment of a guardian for WJ is dismissed.
ADMINISTRATION
2. The application by WA for the appointment of an administrator for WJ is dismissed.
ENDURING POWER OF ATTORNEY
3. The following Enduring Powers of Attorney for WJ are declared valid pursuant to s113(1) of the Powers of Attorney Act 1998 and s82(2) of the Guardianship and Administration Act 2000:
(a) The Enduring Power of Attorney dated 13 November 2019 appointing RC and WD as attorneys for personal and health matters.
(b) The Enduring Power of Attorney dated 13 November 2019 appointing RC and WD as attorneys for financial matters.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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