CDA [2019] QCAT 104

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL CITATION: CDA [2019] QCAT 104 PARTIES: In an application about a matter concerning CDA. APPLICATION NO/S: GAA2613-19 MATTER TYPE: Guardianship and administration matters for adults DELIVERED ON: 4 March 2019 HEARING DATE: On the papers HEARD AT: Brisbane DECISION OF: Member Allen ORDERS: GUARDIANSHIP 1. The Public Guardian is appointed guardian for CDA for the following personal matters only: (a) accommodation decisions; (b) health care of CDA; and (c) provision of services for CDA. 2. The Tribunal directs the guardian to provide a written account of their actions as guardian to the Tribunal no later than three (3) working days prior to the hearing. 3. This guardianship 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. ADMINISTRATION 1. The application by AAE for the appointment of an administrator for CDA under an interim order is dismissed. CATCHWORDS: HEALTH LAW – GUARDIANSHIP, MANAGEMENT AND ADMINISTRATION OF PROPERTY OF PERSONS WITH IMPAIRED CAPACITY – OTHER MATTERS – where application for guardianship and administration – where application for interim order – whether adult at immediate risk of harm Guardianship and Administration Act 2000 (Qld), s 129 -- 1 of 2 -- 2 APPEARANCES: This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld). REASONS FOR DECISION [1] AAE made application to the Tribunal to be appointed as guardian and administrator for her husband, CDA following his hospitalisation due to a stroke. His recovery has been complicated and he has had period where there was concern that he may require Palliative care. A further application was made by CJ, a hospital social worker, for the appointment of the Public Guardian as guardian and the Public Trustee of Queensland as administrator for CDA on the basis that there was conflict within CDA’s family in regard to decisions which needed to be made for him. CDA has four children, three of whom live in New Zealand and one who lives in Victoria. In particular some of the children wished CDA to be relocated to New Zealand if he required placement in an aged care facility Subsequently AAE made application to the Tribunal for an interim order to be appointed as guardian and administrator to facilitate CDA’s permanent placement in an aged care facility. She noted that CDA was currently in respite care and that to facilitate a permanent placement appointments of guardian and administrator were required. AAE noted that once CDA was in a permanent placement he would have a choice of doctor which would give him better health care. [2] The Tribunal may make an interim order in accordance with s 129 of the Guardianship and Administration Act 2000 (Qld), where an adult is at immediate risk of harm in regard to their health, welfare or property. [3] The material before the Tribunal shows that there has been a high level of conflict within in the informal decision making group for CDA. This is in particular in relation to decisions in regard where he be cared for. The medical evidence before the Tribunal shows that CDA has an acquired brain injury as a result of his stroke and he does not currently have capacity to make decisions in regard to personal matters or financial matters. CDA’s condition means that he will be at immediate risk of harm if appropriate decisions cannot be made. To ensure that decisions are made in his best interests having regard to all relevant views it is appropriate to appoint the Public Guardian as guardian. There is no demonstrated immediate risk of harm in regard to financial matters and the application for an administrator to be appointed on an interim basis is dismissed. -- 2 of 2 --