WSD
[2011] QCAT 200
•17 May 2011
| CITATION: | WSD [2011] QCAT 200 |
| PARTY: | WSD |
| APPLICATION NUMBER: | GAA9811-10 |
| MATTER TYPE: | Guardianship and administration matters for adults |
| HEARING DATE: | On the papers |
| HEARD AT: | Brisbane |
| DECISION OF: | Clare Endicott, Senior Member |
| DELIVERED ON: | 17 May 2011 |
| DELIVERED AT: | Brisbane |
ORDERS MADE: | 1. Application dismissed. |
| CATCHWORDS: | Queensland Civil and Administrative Tribunal Act 2009, s 47 |
APPEARANCES and REPRESENTATION (if any):
| APPLICANT: | Nil |
| RESPONDENT: | Nil |
REASONS FOR DECISION
On 16 March 2009 the then Guardianship and Administration Tribunal appointed The Public Trustee of Queensland as administrator for WSD for all financial matters until further order of the Tribunal.
On 8 November 2010 the Tribunal received an application from Gary Cox a Mental Health Case manager asking the Tribunal to make a declaration in respect of WSD’s capacity to make financial decisions.
The Tribunal received a report regarding WSD’s capacity for financial matters from an Occupational Therapist by the name of Beau Sheppard and also a report from a Psychiatrist, Doctor Jason Lee. Both of these reports indicate that WSD does not have capacity to manage his financial affairs.
The Registry of the Tribunal wrote to WSD and Gary Cox on 3 March 2011 and 15 March 2011 respectively. These letters advised that the Tribunal may consider dismissing the application unless it received evidence which supported the adult’s capacity to make his own decisions. This material was to be filed no later than 21 April 2011, in WSD’s case and by 13 April 2011 in Mr Cox’s case. No further information was received.
On the basis of the information on the Tribunal file the Tribunal will dismiss the application under section 47 of the Queensland Civil and Administrative Tribunal Act 2009 on the basis that the application lacks substance.
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