EE [2013] QCAT 539

CITATION: EE [2013] QCAT 539 PARTIES: EE APPLICATION NUMBER: GAA7203-13 MATTER TYPE: Guardianship and administration matters for adults HEARING DATE: 26 August 2013 HEARD AT: Brisbane DECISION OF: P Hanly, A/Senior Member DELIVERED ON: 10 October 2013 DELIVERED AT: Brisbane ORDERS MADE: 1. The Tribunal is satisfied that urgent action is required. 2. The Tribunal, for the purposes of making this Interim Order, hereby dispenses with any or all of the procedural requirements of the Queensland Civil and Administrative Tribunal Act 2009. GUARDIANSHIP 3. The Adult Guardian is appointed guardian for EE for the following personal matters only: a. accommodation decisions; b. with whom EE has contact and/or visits; c. health care of EE; d. provision of services for EE. 4. 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. 5. 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 of 3 -- 2 6. The Public Trustee of Queensland is appointed administrator for EE for all financial matters. 7. 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. 8. 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: Guardianship and Administration – where evidence adult had impaired capacity for complex and simple decisions – where adult vulnerable to abuse – where Protection Order in place in relation to one of adult’s daughters, who was also adult’s attorney - where immediate risk of harm established APPEARANCES and REPRESENTATION (if any): This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act). REASONS FOR DECISION [1] EE has dementia. She owns her own home, but the health professionals involved in her care have recommended that she move in to an aged care facility as she is no longer able to care for herself. [2] On 22 August 2013, one of EE’s children, DG, made an application for the appointment of a guardian and an administrator for EE. On the same date DG made an application for an interim order. [3] Section 129 of the Guardianship and Administration Act 2000 enables QCAT to make an interim appointment of a guardian or administrator if the Tribunal is satisfied, on reasonable grounds, there is an immediate risk of harm to the health, welfare or property of an adult. [4] The Tribunal will only appoint a substitute decision maker without a hearing and without notice to an adult if it is satisfied that circumstances compel such action. [5] DG stated in the application for an interim order that EE had been subjected to physical, verbal and emotional abuse by another of her children, WGL, who was also EE’s attorney. -- 2 of 3 -- 3 [6] DG stated that she had serious concerns for EE’s well being and safety. In support of that, DG stated that the multidisciplinary team at the hospital in which EE was then inpatient had recommended that EE be moved in to an aged care facility as she was no longer capable of caring for herself. In spite of this recommendation, WGL was alleged to be trying to arrange for EE to be discharged a few days later. [7] DG provided a copy of a Protection Order that had been made in the Brisbane Magistrates Court on 19 February 2013, by consent of the parties, that WGL be of good behaviour towards EE and not commit domestic violence against EE. The order was to continue in force, in the absence of any further order, to and including 18 February 2014. [8] No further details were provided by DG in relation to the evidence which was before the Magistrates Court. [9] In the application for the interim order, DG stated that WGL had not been consulted about that application, due to DG’s heightened concerns not only for EE’s safety, but also the safety of DG and other family members. DG stated that WGL is known to Queensland police and to the family for her physical and violent behaviours. DG believed that WGL would oppose the orders being sought by DG as such orders would, potentially revoke the power WGL had under the Enduring Power of Attorney. [10] The Tribunal noted that the Enduring Power of Attorney, made on 27 February 1996, was made under the Property Law Act 1974, and as such, that it only related to financial decision making. [11] A Health Professional Report dated 22 August 2013 stated that EE has dementia and would not be able to participate in any discussion concerning her decision making ability. The doctor also stated that EE is negatively influenced by WGL. The doctor concluded that EE was unable to make either complex or simple decisions in all areas of her life. [12] The Tribunal is satisfied that urgent action is required, and that, without an appointment, EE’s needs are not adequately met and that her interests are not adequately protected. -- 3 of 3 --