WT
[2010] QCAT 402
•18 August 2010
| CITATION: | WT [2010] QCAT 402 |
| PARTIES: | WT |
| APPLICATION NUMBER: | GAA1038-10 GAA1039-10 |
| MATTER TYPE: | Guardianship and administration matters |
| HEARING DATE: | 18 August 2010 |
| HEARD AT: | Brisbane |
| DECISION OF: | C Endicott senior member |
| DELIVERED ON: | 18 August 2010 |
| DELIVERED AT: | Brisbane |
ORDERS MADE: | Applications are dismissed |
| CATCHWORDS : | PRE-HEAING DISMISSAL – Section 47 of the Queensland Civil and Administrative Tribunal Act 2009 – appointment sought of guardian and administrator - presumption of capacity not rebutted |
APPEARANCES and REPRESENTATION (if any):
The hearing took place on the papers in the absence of the parties.
REASONS FOR DECISION
On 10 February 2010 an application for the appointment of a guardian and administrator for WT was lodged in the Tribunal by Natalie Azar, a child safety officer with the Department of Communities (Child Safety Services). WT was 17 years of age at the time that the application was lodged but he turned 18 years of age in March 2010.
A health practitioner report was lodged at the time of the application. A doctor from Wishart Village Family Practice reported that he had known WT for more than 10 years. The doctor reported that WT had been diagnosed with attention deficit hyperactivity disorder and autism spectrum disorder.
The doctor stated an opinion that WT had a good understanding of information relevant to decision making about his personal and financial affairs and he had a good understanding of the consequences of decisions about his affairs. The doctor expressed the opinion that WT could make decisions freely and voluntarily and that he could make complex decisions about personal and financial matters
Information obtained under a notice to produce issued to the Department of Communities revealed that WT had been assessed as having a mild intellectual developmental delay. He had been living independently since the second part of 2009 and had developed skills such as cooking, cleaning and budgeting. He is working on a full time basis in the second year of an apprenticeship which he enjoys. The documents reveal that he also enjoys the independence of working and earning a living. He has made friends and connections with his peers in his local community.
There is a statutory presumption that adults have capacity to make their own decisions as stated in section 7 of the Guardianship and Administration Act 2000 (“the Act”). Unless there is sufficient evidence to rebut that presumption, it must stand. If however the presumption of capacity has been rebutted, the Act provides the means by which the Tribunal can appoint a substituted decision maker for an adult with impaired decision making capacity.
The Tribunal finds that the presumption that WT has capacity to make his own decisions has not been rebutted by the evidence provided to the Tribunal. While WT has a mild intellectual disability and has been diagnosed with attention deficit hyperactivity disorder and autism spectrum disorder, there is evidence that he has developed budgeting skills, he can earn a living, he can succeed in an apprenticeship and he can live independently in the community. The evidence as to his decision making capacity satisfies the Tribunal that WT is functioning in a manner similar to most 18 year old adults.
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 lacking in substance.
In view of the finding that the presumption of capacity has not been rebutted, the Tribunal considers that the application for the appointment of a guardian and administrator for WT is lacking in substance and under section 47 of the Queensland Civil and Administrative Tribunal Act 2009 the application should be dismissed
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