WJ

[2021] QCAT 30

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

WJ [2021] QCAT 30

PARTIES:

In applications about matters concerning WJ

APPLICATION NO/S:

GAA12291-19
GAA12292-19
GAA3208-20

MATTER 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

BA [2012] QCAT 228

FAJ [2013] QCAT 703
HWR [2010] QCAT 349
RV [2019] QCAT 384

SJWN [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

1. 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.

2. 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…