WJP

[2012] QCAT 714

CITATION: WJP [2012] QCAT 714

PARTIES: WJP

APPLICATION NUMBER: GAA9797-12

MATTER TYPE: Guardianship and administration matters for adults

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: C Endicott, Senior Member

DELIVERED ON: 28 November 2012

DELIVERED AT: Brisbane

ORDERS MADE: The application for an interim order for WJP is dismissed.

CATCHWORDS:

GUARDIANSHIP – where no immediate risk of harm found

Guardianship and Administration Act 2000, s 129

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act).

REASONS FOR DECISION

1. WJP is 80 years of age.  He is residing in an aged care facility.  His brother, who had been his attorney, recently passed away.  WJP’s nephew has subsequently taken steps to provide support to WJP and he has sought to be appointed as the guardian and administrator for WJP.  The applicant indicated that he was trying to arrange for WJP to move into an aged care facility in Ingham which would result in WJP living closer to his remaining family. 

2. Evidence provided to QCAT indicates that WJP has impaired capacity for decision making.  He requires support with management of his finances to ensure that all his bills are paid and that his assets and income are protected.  The applicant applied for an interim appointment as a decision maker for WJP while QCAT arranged a hearing of his applications. 

3. QCAT can appoint decision makers for adults with impaired decision making capacity.  Appointments of decision makers are made after a hearing of the application and when the presumption of capacity has been rebutted.  However the Guardianship and Administration Act 2000 does have provisions that permit QCAT to make appointments on an interim basis without hearing and without deciding the issues in the proceeding.

4. Section 129 of that Act states that the Tribunal can make an interim appointment if the Tribunal is satisfied, on reasonable grounds, that there is an immediate risk of harm to the welfare or property of the adult concerned.

5. The applicant did not provide any evidence that WJP was at an immediate risk of harm.  At the time of the application, WJP was in accommodation where he was receiving care.  While a new placement was being considered that was closer to his family, there was no suggestion made that by remaining in his current accommodation WJP would be in any immediate risk of harm.  Management of WJP’s finances would need to be eventually changed from his deceased attorney to some one else but there was no evidence that his financial affairs were at risk in any way at the time when the interim orders were sought. 

6. Interim appointments are not able to be made to suit the convenience of an applicant.  The only basis for making an interim order is to put into place a decision making regime that urgently responds to circumstances that QCAT believes give risk to a risk of harm to an adult with impaired capacity.  I was not satisfied on the evidence in this case that an interim order should be made.