WXL - [2022] QCAT 383

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

WXL [2022] QCAT 383

PARTIES:

In an application about matters concerning WXL

APPLICATION NO/S:

GAA12062-22

MATTER TYPE:

Guardianship and administration matters for adults

DELIVERED ON:

16 November 2022

HEARING DATE:

2 November 2022

HEARD AT:

Brisbane

DECISION OF:

Member Lember

ORDERS:

GUARDIANSHIP

1.   The application for the appointment of a guardian for [WXL] under an interim order is dismissed.

ADMINISTRATION

2.   The Public Trustee of Queensland is appointed administrator for [WXL] for all financial matters except legal matters relating to [WXL]’s financial or property matters.

3.    The Tribunal directs the administrator to provide a written account of their actions as administrator to the Tribunal no later than three (3) working days prior to the hearing.

4.    This administration appointment remains current for three (3) months or, if the Tribunal makes a further order in this matter, until the date of the further order, whichever is the sooner.

NOTICE OF INTEREST IN LAND

5.   Before 30 November 2022 the administrator must:

(a) Record the appointment as administrator on any property registered in the adult’s name with the Registrar of Titles by lodging the appropriate notice with a copy of the Tribunal’s appointment decision.

(b) Provide confirmation to the Tribunal that this has been completed by providing:

     i) A copy of the title search conducted identifying the adult’s property; and

     ii) A copy of the Titles registry “Lodgement Summary Form” confirming the notice has been lodged for each property held by the adult.

(c)   If no property is held, provide a copy to the Tribunal of a Record of a Search of the Land Registry, from the Registrar of Titles confirming no property is held.

6.   If the ownership of any property of the adult changes in any way or the adult acquires an interest in another property the administrator must, within fourteen (14) days of such changes:

(a)   Give a copy of this order to the Registrar of Titles and

(b)   Give a notice to the Registrar about the changes or the adult’s interest in another property.

CATCHWORDS:

HEALTH LAW – GUARDIANSHIP, MANAGEMENT AND ADMINISTRATION OF PROPERTY OF PERSONS WITH IMPAIRED CAPACITY – ADMINISTRATION AND FINANCIAL MANAGEMENT – interim orders - where the Tribunal is satisfied the presumption of capacity is rebutted – whether need for the interim appointment of a guardian and an administrator – where adult vulnerable to financial scammers

Guardianship and Administration Act 2000 (Qld) s 5, s 11, s 11B, s 12, s 15, s 129, Schedule 4

Queensland Civil and Administrative Tribunal Act 2009
(Qld) s 32

Human Rights Act 2019 (Qld) s 13, s 48

AJC [2020] QCAT 16

Aziz v Prestige Property Services Pty Ltd [2007] QSC 265

Re BAH [2007] QGAAT 77
BM [2010] QCAT 115
CB [2013] QCAT 421
CJP [2013] QCAT 663
Re FM [2013] QCAT 135
Re FM [2016] QCAT 431
GD [2011] QCAT 146
GKK [2011] QCAT 344
HT [2019] QCAT 116
PLC v Adult Guardian [2013] QCATA 11
TS [2011] QCAT 112

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading WXL

Details

AGLC: WXL [2022] QCAT 383
Case: [2022] QCAT 383
Decision Date

CaseChat Overview and Summary

This case concerns an application by WXY, the sister of WXL, for interim orders seeking appointment as administrator and guardian to manage the affairs of WXL, a forty-seven-year-old woman living with bipolar affective disorder. The application was brought on the basis that WXL had been the victim of financial scammers and was currently vulnerable to ongoing financial exploitation that could lead to the loss of her home. The matter was heard and determined on the papers pursuant to section 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld).

The legal issues before the court were whether WXL had, or may have, impaired capacity for a matter, and if so, whether there was an immediate risk of harm to the health, welfare or property of WXL. The court was also required to decide who should be appointed as administrator, considering the eligibility and suitability of the proposed appointees.

The court found that WXL had, or may have, impaired capacity for decision-making concerning the management of her financial affairs, in particular with respect to gifting, lending, investing and borrowing money and the giving of security over her home. The court was satisfied that there was an immediate risk to the finances, assets and property of WXL, and that substitute decision-making was needed urgently around the administration of WXL's financial affairs. However, the court was not satisfied that WXY was an appropriate appointee due to geographical distance, lack of a close relationship with WXL, and the potential for family conflict. Therefore, the Public Trustee of Queensland was appointed as administrator for WXL for all financial matters except legal matters relating to WXL's financial or property matters.

ORDERS:

1. The application for the appointment of a guardian for WXL under an interim order is dismissed.
2. The Public Trustee of Queensland is appointed administrator for WXL for all financial matters except legal matters relating to WXL's financial or property matters.
3. The Tribunal directs the administrator to provide a written account of their actions as administrator to the Tribunal no later than three (3) working days prior to the hearing.
4. This administration appointment remains current for three (3) months or, if the Tribunal makes a further order in this matter, until the date of the further order, whichever is the sooner.

Orders