WWR

[2018] QCAT 463

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

WWR [2018] QCAT 463

PARTIES:

In applications about matters concerning WWR

APPLICATION NO/S:

GAA5592-18; GAA5594-18; GAA5595-18;
GAA70621-18

MATTER TYPE:

Guardianship and administration matters for adults

DELIVERED ON:

16 October 2018 (delivered ex tempore)

HEARING DATE:

16 October 2018

HEARD AT:

Mackay

DECISION OF:

Member Gardiner

ORDERS:

1.   The application for advice, directions and recommendations for WWR is dismissed.

2. The Tribunal orders that pursuant to s 108 of the Guardianship and Administration Act 2000 (Qld) publication of information about the following advices is prohibited:

(a)    Advice from Counsel to the Official Solicitor of the Public Trustee of Queensland dated 10 November 2017; and

(b)    Advice of the Official Solicitor of the Public Trustee to the Public Trustee of Queensland dated 8 March 2018.

3. The Tribunal orders that pursuant to s 109 of the Guardianship and Administration Act 2000 (Qld) the following information/documents are confidential and must not be disclosed:

(a)    Advice from Counsel to the Official Solicitor of the Public Trustee of Queensland dated 10 November 2017; and

(b)    Advice of the Official Solicitor of the Public Trustee to the Public Trustee of Queensland dated 8 March 2018.

4.   The application for a closure order for WWR is dismissed.

CATCHWORDS:

HEALTH LAW – GUARDIANSHIP, MANAGEMENT AND ADMINISTRATION OF PROPERTY OF PERSONS WITH IMPAIRED CAPACITY – ADMINISTRATION AND FINANCIAL MANAGEMENT – where administrator sought advice, directions or recommendations – where daughter had used substantial monies of person for her own purposes – where some monies had been recovered – where daughter had no assets to recover further monies – whether advice, directions or recommendations should be made

Guardianship and Administration Act 2000 (Qld), s 107,
s 108, s 109, s 130, s 138

APPEARANCES & REPRESENTATION:

Public Guardian:

S Gable

Public Trustee:

T Whittaker, S Pedersen          

REASONS FOR DECISION

1. Member Gardiner: Four applications are before the Tribunal today, the first being an application for advice, directions and recommendations under section 138 of the Guardianship and Administration Act 2000 (Qld), concerning the Public Trustee’s decision not to proceed against the daughter of the adult WWR who has appeared to have fraudulently asset-stripped – because that is effectively what it is – her father, of a substantial amount of money.

2. Over a period of time, from a number of sources, WWR’s daughter has used funds for what appears to be totally her own benefit, often taken out in places where gambling occurs and often taken out with no apparent recompense back to WWR for any particular bill.  On one occasion, even her daughter made a withdrawal, using internet processes, after the Public Trustee was appointed WWR’s administrator instead of WWR’s daughter and after these misappropriations of funds came to the attention of the Tribunal. 

3. To the credit of the Public Trustee, they were able to retrieve about $20,000 that had been paid by a bank after the bank had been notified that the Public Trustee was the administrator for WWR.  It would appear the bank…