CC [2017] QCAT 134

CITATION: CC [2017] QCAT 134 PARTIES: CC APPLICATION NUMBER: GAA3076-17 MATTER TYPE: Guardianship and administration matters for adults HEARING DATE: On the papers HEARD AT: Brisbane DECISION OF: Senior Member Endicott DELIVERED ON: 22 March 2017 DELIVERED AT: Brisbane ORDERS MADE: 1. The Public Trustee of Queensland is appointed administrator for CC for all financial matters. 2. 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. 3. 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. CATCHWORDS: GUARDIANS, COMMITTEES, ADMINISTRATORS, RECEIVERS AND MANAGERS – APPOINTMENT – where adult diagnosed with intellectual impairment and Down syndrome – where family conflict over access to support services and finances – where offer of accommodation placement at risk as funding cannot be accessed – where appointment of decision-makers sought – whether the adult was at an immediate risk of harm Guardianship and Administration Act 2000 (Qld) s 12(1), s 129. -- 1 of 3 -- 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) (QCAT Act). REASONS FOR DECISION [1] CC, who is 55 years of age, has been diagnosed with an intellectual impairment associated with Down syndrome. He had lived with his mother, who has passed away, and with his sister, RG, who has become unwell and can no longer provide him with care. CC currently lives with his other sister, BR. [2] An application was filed in QCAT on 17 March 2017 by a social worker in which she sought the appointment of a guardian and an administrator for CC. Such appointments are made after a hearing has been held and the Tribunal is satisfied that the factors set out in s 12(1) of the Guardianship and Administration Act 2000 (Qld) (GAA) have been satisfied. Those factors require the Tribunal to be satisfied that the adult in question has impaired decision-making capacity for the matter, that there are decisions that need to be made, and that appointing a decision-maker is necessary to give adequate support to the adult in the decision-making process. [3] The applicant also applied for an interim appointment of a guardian and administrator for CC. Appointments of decision-makers can be made on an interim basis prior to a determination being made on the substantive applications if the Tribunal is satisfied that the requirements of s 129 of the GAA are established. That section provides that where there is an immediate risk of harm to the welfare or financial resources of the adult, an appointment can be made for up to three months before a hearing of the applications are heard and determined. [4] Evidence was provided to the Tribunal by Dr Chez Smith. Dr Smith stated in his medical report dated 17 March 2017 that CC was diagnosed at birth with Down syndrome and that CC has an intellectual impairment. Dr Smith stated that CC had no ability to understand financial matters and only limited ability to understand information about lifestyle and accommodation matters. [5] For the purposes of the interim order application, I accepted the evidence of Dr Smith that CC has Down syndrome and an intellectual disability. I concluded that CC demonstrates impaired cognitive functioning that impairs his ability to understand the nature and consequences of decisions about financial and personal matters. [6] The applicant states that there is significant risk to CC’s finances because of conflicts within his family regarding CC’s best interests. RG had previously managed his finances in a joint account with RG and his mother. They had no formal authority to manage CC’s financial affairs. The applicant reported that RG can no longer care for CC because she is elderly and has significant health issues. After CC moved to live with his other -- 2 of 3 -- 3 sister, BR, his finances were being sorted out by BR. The applicant reported that BR has attempted to go to the bank to open a separate account for CC but she was unable to do so without formal authority. The applicant reported that BR attempted to talk about these matters with RG but conflict had arisen. [7] According to the applicant, RG has expressed the view that she was not keen on CC going to respite or accessing support services. BR has secured support services and had obtained a placement for CC with Disability Services Queensland. The arrangements associated with this placement requires CC to provide his bank details for an application for accommodation with Queensland Housing and for ongoing payment of the associated costs. [8] The applicant seeks the appointment of The Public Trustee of Queensland as administrator of CC’s financial affairs to ensure that he does not miss out on the placement with Disability Services. Three of CC’s sisters, RG, MM and WB, support the application for an interim order. The applicant states that RG also has agreed with the order; however, if her illness improves, she wants to resume control of CC’s finances and care. BR and MM do not agree that it is in the interests of CC to return to RG’s care. [9] The evidence satisfied the Tribunal that CC required some immediate formal support for decision-making about financial matters. His pension is being paid into an account that he cannot access nor can his current carer readily access those funds as they are being deposited into an account that is not in the sole name of CC. Unless accessible banking arrangements are made, CC may miss out on the opportunity of accommodation and services from his placement with Disability Services Queensland. The evidence demonstrates that some level of family conflict is impeding CC’s immediate access to his funds and will cause him to miss out on the opportunity to exercise greater autonomy in his life associated with a lifestyle support placement that is not immediately dependent on his family. [10] The Tribunal was satisfied that as a result, CC was at an immediate risk of harm to his financial position. His pension was not being paid into an account in his sole name. He could not make arrangements via his carer to have immediate and unimpeded access to his funds. Opportunities for his benefit could be lost due to his lack of immediate access to his funds and due to conflict with the account holder over support services, he would not be able to develop his own views and wishes about his lifestyle and accommodation. His welfare and autonomy were at risk and his current offer of placement with Disability Services would be lost if financial arrangements to support that placement were not in place within weeks. [11] The Public Trustee of Queensland was appointed on an interim basis for three months to make all financial decisions for CC as such an appointment would enable CC’s pension to be used immediately and directly for his support and benefit rather than being withheld from his access. -- 3 of 3 --