FCK [2010] QCAT 386

CITATION: FCK [2010] QCAT 386 PARTIES: FCK APPLICATION NUMBER: GAA10032-09 GAA10033-09 MATTER TYPE: Guardianship and administration matters HEARING DATE: 3 August 2010 HEARD AT: Brisbane DECISION OF: C Endicott ,senior member DELIVERED ON: 3 August 2010 DELIVERED AT: Brisbane ORDERS MADE: Dismiss applications CATCHWORDS : PRE-HEARING DISMISSAL - Section 47 of the Queensland Civil and Administrative Tribunal Act 2009 – presumption of capacity not rebutted 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 29 October 2009 the former Guardianship and Administration Tribunal received an application from Ms Margaret Lappin, a former child safety officer seeking the appointment of the Adult Guardian as guardian and The Public Trustee of Queensland as administrator for FCK. 2. The application was accompanied by a health professional report from a medical practitioner dated 2 November 2009. 3. This report indicated that FCK had capacity for decision making in all areas of her life. 4. The Tribunal is only able to appoint substitute decision makers for an adult if the Tribunal is satisfied that the adult who is the subject of the application has impaired capacity for decision making. 5. The Applicant was written to by the registry staff of the Tribunal on 14 December 2009 informing her that an appointment cannot be made for an adult with decision making capacity and inviting her to withdraw her application. There was no response from the applicant. 6. The Tribunal, in the absence of a request to withdraw the application by the Applicant or in the absence of information as to impaired decision making capacity, must dismiss the application on the grounds that it lacks substance. The presumption at law that all adults have capacity to make their own decisions has not been rebutted and no appointment of a substitute decision maker is able to be made on the information presently provided to the Tribunal. 7. Accordingly the application for the appointment of a guardian and administrator for FCK is dismissed under section 47 of the Queensland Civil and Administrative Tribunal Act 2009. -- 2 of 2 --