BGA [2011] QCAT 145

CITATION: BGA [2100] QCAT 145 PARTIES: BGA APPLICATION NUMBER: GAA2074-11 MATTER TYPE: Guardianship and administration matters for adults HEARING DATE: On the papers HEARD AT: Brisbane DECISION OF: C Endicott, Senior Member DELIVERED ON: 18 March 2011 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 Act. 3. The Public Trustee of Queensland is appointed administrator for BGA for all financial matters. 4. The tribunal directs the administrator to provide a written account of their actions as administrator to the tribunal no later than three working days prior to the hearing. 5. This administration appointment remains current for 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 : ADMINISTRATION – request for interim order – immediate risk of harm established Guardianship and Administration Act 2000, s 129 APPEARANCES and REPRESENTATION (if any): The hearing took place on the papers in accordance with section 32(2) of the Queensland Civil and Administrative Tribunal Act 2009. -- 1 of 3 -- 2 REASONS FOR DECISION [1] On 17 March 2011 a social worker at the Acute Mental Health Unit of a Health Service District lodged an application with the tribunal seeking the appointment of an administrator for BGA. [2] The social worker applied for an interim order to be made by the tribunal. The social worker stated in her application that BGA was then in a manic phase of his Bipolar illness. It was stated that BGA owns a construction business and that he had entered into business transactions including rental of two forklifts, a loan to purchase equipment and to expand the business, a lease of a building, employment of an extra 5 or 6 employees and had taken possession of a shed but had not signed a lease and had not paid rent. [3] The social worker further stated that BGA had given permission to an employee to take payment of $3,000 from a contract to cover his wages for a two week period. The social worker stated that BGA had indicated an intention to extend his bank overdraft to ensure adequate funds to cover his current business expenses. The social worker stated that another employee had contacted the mental health unit as he had not been paid and he made enquiries about how he could be paid. [4] The applicant stated that it was uncertain how long the manic phase of BGA’s illness would last. The applicant stated that the treating team had concerns about the imminent risk that BGA’s recent decision-making posed to his business and employees. [5] The application was supported by a health professional report by a psychiatrist, Dr S dated 15 March 2011. Dr S diagnosed that BGA had Bipolar Affective Disorder. He reported that BGA was manic with psychotic symptoms. Dr S reported that BGA lacked insight into his mental illness and that non-adherence to the prescribed medications makes it harder to control the illness. [6] Dr S reported that BGA’s family are no longer in contact with him due to his level of aggression and that as a result it was hard to ensure adequate family support for managing financial matters. Dr S reported that BGA was under an involuntary treatment order under the Mental Health Act 2000. [7] Dr S expressed the opinion that BGA could not manage financial decisions due to an elevated mood with grandiose delusions. Dr S reported that BGA had made excessive purchases and had elaborate business plans which are the result of his disinhibited behaviour. Dr S stated that there were probably legal proceedings pending due to BGA moving into leased properties without signing lease agreements. Dr S expressed the opinion that BGA was impulsive and is unable to consider the ramifications of his financial decision-making. [8] Dr S expressed the opinion that BGA could not make decisions freely and voluntarily and that BGA was vulnerable to financial exploitation due to the degree of his disinhibition. Dr S was of the opinion that BGA could not make any complex financial decisions due to his psychiatric disability but that he could make simple financial decisions. -- 2 of 3 -- 3 [9] Dr S stated that BGA had experienced this current episode of manic behaviour for four weeks spending too much money on buying machinery and vehicles. He stated that BGA had grandiose delusions of being a multimillionaire and had plans to go into politics and humanitarian causes. [10] The applicant provided a copy of documents which established that a lease of property had been drawn up which would commit BGA’s company to a liability of $39,600 per annum for two years. [11] The tribunal has the power to appoint decision-makers for adults with impaired decision making capacity. Appointments of decision-makers are generally made after a hearing of the application and after the adult in question has an opportunity to state their views about the proposed appointment. However the Guardianship and Administration Act 2000 does have provisions that permit appointments to be made on an interim basis prior to a hearing and without prior notice being given to the adult. [12] Section 129 of that Act states that the tribunal can make an interim appointment if the tribunal is satisfied, on reasonable grounds, that there is an immediate risk of harm to the welfare or property of the adult concerned. That harm could arise because of the risk of abuse, exploitation or neglect or self neglect by the adult. [13] The tribunal found that BGA had been diagnosed with Bipolar Affective Disorder, he was then currently in a manic phase with psychotic symptoms, he did not have insight into his mental illness, he had delusions that he was a multimillionaire, he had entered into a series of financial transactions when subject to those delusions, he had not paid some of his employees but he had taken on extensive financial commitments, he was under an involuntary treatment order and he had not adhered to his prescribed medication. [14] The tribunal was satisfied by the evidence that there was an immediate risk of harm to BGA’s welfare and property. The risk of harm arose because of the likely adverse impact on his financial position resulting from the reported financial decisions and excessive spending he had made while in the manic phase of his mental illness. The tribunal was satisfied that an administrator should be appointed on an interim basis to manage BGA’s financial affairs until such time as a hearing could be held. [15] The applicant sought the appointment of The Public Trustee of Queensland as administrator for BGA. In the absence of any other proposed appointee willing to consent to that role, the tribunal found that The Public Trustee of Queensland would be an appropriate appointee as administrator on an interim basis. -- 3 of 3 --