WJE

[2019] QCAT 231

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

WJE [2019] QCAT 231

PARTIES:

In applications about matters concerning WJE

APPLICATION NO/S:

GAA6207-19; GAA6208-19

MATTER TYPE:

Guardianship and administration matters for adults

DELIVERED ON:

9 August 2019

HEARING DATE:

15 July 2019

HEARD AT:

Townsville

DECISION OF:

Member Pennell

ORDERS:

GUARDIANSHIP

1.     The application by ME for the appointment of a guardian for WJE is dismissed.

2.     The application by WS for the appointment of a guardian for WJE is dismissed.

ADMINISTRATION

3.     The application by ME for the appointment of an administrator for WJE is dismissed.

4.     The application by WS for the appointment of an administrator for WJE is dismissed.

CATCHWORDS:

HEALTH LAW – GUARDIANSHIP, MANAGEMENT AND ADMINISTRATION OF PROPERTY OF PERSONS WITH IMPAIRED CAPACITY – ADMINISTRATION AND FINANCIAL MANAGEMENT – capacity – presumption of capacity –whether there is a requirement for a decision-maker to be appointed – satisfaction of unreasonable risk to adult – whether the finding of impaired capacity requires the appointment of a decision-maker

Acts Interpretation Act 1954 (Qld), Schedule 1.

Guardianship and Administration Act 2000 (Qld), s 6, s 7, s 12(1)(a), s 12(1)(b), s 12(1)(c), s 14, s 15, s 16, Schedule 1, Schedule 2 and Schedule 4.

PL v PT & Ors [2018] QCATA 114

APPEARANCES & REPRESENTATION:

The Adult:

WJE (the adult), WS and BR

The Applicants:

Dr AS and SL for the application of ME.

WS and BR for the application of WS.

The Public Guardian:

AA, Delegate of The Public Guardian

REASONS FOR DECISION

Introduction

1. There were two applications made seeking the appointments of a guardian and an administrator for WJE (‘the adult’).  Those applications were from ME who was the adult’s mental health case manager, and WS who is the adult’s mother.  Both applications were individually seeking the appointment of a guardian for decisions about personal matters for the adult, in particular decisions about where the adult should live, along with health care decisions and decisions relating to the provision of services for the adult.  ME proposed that The Public Guardian should be appointed for those decisions and WS proposed that she is the most appropriate appointment as the adult’s guardian. 

2. In regard to the appointment of an administrator for decisions about the adult’s financed, ME proposed that the Public Trustee of Queensland should be appointed as the adult’s administrator and WS proposed herself as being the most appropriate appointment.

   ME’s application

3. In support of ME’s application, Dr AS provided a Health Professional Report (‘HPR’).[1] Dr AS has known and administered treatment to the adult since September 2018. Dr AS’s assessment of the adult’s current medical condition was that she suffers from paranoid schizophrenia,[2] post-traumatic stress disorder,[3] and a mixed personality disorder.[4] That diagnosis differs somewhat from an earlier 2016 assessment that found that the adult suffered schizophrenia, autism, an intellectual disability, along with depression and anxiety.

   [1]A Psychiatric Registrar.

   [2]Since 1993.

   [3]Since 2016.

   [4]Since 2018.

4. The varying assessments provided in 2016 and the 2019 were explained by Dr AS…