BD [2010] QCAT 567

CITATION: BD [2010] QCAT 567 PARTIES: BD MATTER TYPE: Guardianship and administration matters for adults HEARING DATE: 12 November 2010 HEARD AT: Brisbane DECISION OF: C Endicott, senior member DELIVERED ON: 12 November 2010 DELIVERED AT: Brisbane ORDERS MADE: Applications for appointment of guardian and administrator dismissed CATCHWORDS : GUARDIANSHIP AND ADMINISTRATION – presumption of capacity not rebutted - section 47 of the Queensland Civil and Administrative Tribunal Act 2009 – early end to proceedings – applications lack substance APPEARANCES and REPRESENTATION (if any): The hearing took place on the papers in the absence of the parties. -- 1 of 2 -- REASONS FOR DECISION 1. On 14 April 2010 an application was lodged with the Tribunal seeking the appointment of a guardian and administrator for BD by TM. The application was not accompanied by information about BD’s capacity to make decisions. 2. On 29 April 2010 a staff member from the Tribunal registry wrote a letter to TM informing her that a report from a health professional about BD’s decision making capacity would be required. As no response was received from TM, a further letter was written to her on 19 August 2010 informing her that her applications would not proceed further unless a report from a health professional was received about BD’s decision making capacity. 3. No evidence from a health professional has been received about BD’s decision making capacity. 4. General Principle 1 in the Schedule to the Guardianship and Administration Act 2000 states that an adult is presumed to have capacity to make decisions. Before the Tribunal can appoint a decision maker for an adult, the Tribunal must be satisfied that the presumption of capacity has been rebutted by evidence satisfactory to the Tribunal. 5. No evidence has been received that can form the basis of a determination by the Tribunal about BD’s decision making capacity. TM has failed to provide evidence to rebut the presumption of capacity despite being given an adequate opportunity to do so. 6. Section 47 of the Queensland Civil and Administrative Tribunal Act 2009 gives the Tribunal power to bring a proceeding to an early end if the Tribunal considers that an application is frivolous, vexatious or misconceived or is lacking in substance or is otherwise an abuse of process. The Tribunal considers that the applications lodged by TM are lacking in substance and must be dismissed. -- 2 of 2 --