WJ

[2011] QCAT 238

CITATION: WJ [2011] QCAT 238

PARTIES: WJ

APPLICATION NUMBER:   GAA2744-11

MATTER TYPE: Guardianship and administration matters for adults

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: C Endicott, Senior Member

DELIVERED ON: 20 May 2011

DELIVERED AT: Brisbane

ORDERS MADE:     The application for the appointment of an administrator is dismissed.

CATCHWORDS: 

ADMINISTRATION – where Enduring Power of Attorney in place – where no need established for appointed decision maker – application is without substance – early end to proceedings

Queensland Civil and Administrative Tribunal Act 2009, s 47

APPEARANCES and REPRESENTATION (if any):

The hearing took place on the papers in the absence of the parties under section 32 of the Queensland Civil and Administrative Tribunal Act 2009.

REASONS FOR DECISION

1. JR, Director of an aged care facility, lodged an application in the tribunal for the appointment of an administrator for WJ who is a resident in that aged care facility.  The reasons for the application were stated to be that the Residential Care Agreement needs to be signed and it was believed that the attorney for WJ could be taking advantage of her.

2. The application was accompanied by a copy of an Enduring Power of Attorney dated 10 October 2008 in which WJ appointed CM as her attorney for personal, heath and financial matters.  The financial powers took effect from the date of the enduring document.  The attorney has accepted the grant of power. 

3. A health professional report dated 16 March 2011 from Dr CD was provided to the tribunal.  Dr CD reported that he had known WJ for five years.  He had discussed his report with WJ on 16 March 2011 and she had indicated to him that she trusted her attorney to make decisions about her treatment.  Dr CD also reported that WJ was aware that she would struggle managing her own finances and that she had handed this responsibility to her attorney. 

4. The tribunal was provided with a copy of the statement from the aged care facility which set out the care and other costs incurred by WJ and the payments made for that care in the period from 11 November 2010 to 17 March 2011.  The statement revealed that the pension paid to WJ was paid directly into her resident fund at the facility and the care fees were debited against that income.  The care fees were up to date at the end of that period and had not been in arrears during that period. 

5. Enquiries made by a staff member of the tribunal registry on 8 April 2011 revealed that the care fees were up to date. 

6. A letter was sent to JR from the tribunal registry on 13 April 2011 informing her that there was an attorney in place for making financial decisions for WJ.  JR was informed that unless she provided written evidence of the assertion that the attorney was taking advantage of WJ, her application for the appointment of an administrator would be considered for dismissal.  No response was received from JR and no evidence has been provided to substantiate her allegations against the attorney. 

7. Section 47 of the Queensland Civil and Administrative Tribunal Act 2009 gives the tribunal power to bring a proceeding to an early end if the tribunal considers that an application is frivolous, vexatious or misconceived or is lacking in substance or is otherwise an abuse of process.  The tribunal considers that the application lodged by JR is lacking in substance. 

8. The applicant did not provide any satisfactory evidence that an appointment of an administrator is needed.  The attorney is available to make decisions for WJ and Dr CD has confirmed that WJ trusts her attorney to make decisions for her.  The care fees are being paid and the pension is not being used for purposes other than the payment of the expenses incurred by WJ.  The application must be dismissed.