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AR[2016] QCAT 88

CITATION:

AR [2016] QCAT 88

PARTIES:

AR

APPLICATION NUMBER:

GAA2211-16

MATTER TYPE:

Guardianship and administration matters for adults

HEARING DATE:

On the papers

HEARD AT:

Brisbane 

DECISION OF:

Senior Member Stilgoe OAM

DELIVERED ON:

21 April 2016

DELIVERED AT:

Brisbane

ORDERS MADE:

1. GJA and HRL are suspended as administrators for RA AR for all financial matters under s 155 of the Guardianship and Administration Act 2000.

2. The Public Trustee of Queensland is appointed as administrator for RA AR for all financial matters during the period of suspension.

3. The Tribunal directs The Public Trustee of Queensland to provide a written account of their actions as administrator to the Tribunal no later than three (3) working days prior to the hearing.

4. This administration appointment of The Public Trustee of Queensland 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 two administrators appointed – where accounts lodged by one administrator without recourse to records – where breakdown in communication between administrators – where administration suspended – where Public Trustee of Queensland appointed

Guardianship and Administration Act 2000 (Qld) s 40(1)

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 (Qld) (QCAT Act).

REASONS FOR DECISION

  1. [1]
    AR is an elderly gentleman who lives in his own home. His son and granddaughter were appointed as his administrators on 17 March 2015.
  2. [2]
    The granddaughter filed accounts on 22 February 2016, as she was required to do. She stated that she had reconstructed information to complete the accounts, as she had only obtained access to AR’s bank statements in late January 2016. She stated that she was concerned about the number of cheques written on AR’s account. She also noted an unexplained transfer from AR’s account to another account. It appears that AR continues to run, buy and sell cattle but the granddaughter is concerned that AR’s expenses exceed his income.
  3. [3]
    The granddaughter stated that AR’s son is not communicating with her and is not sharing the decision-making process about AR’s financial affairs. She feels that the son has restricted her contact with AR.
  4. [4]
    Section 40(1) of the Guardianship and Administration Act 2000 (Qld) states that, if more than one administrator is appointed, they must consult with one another on a regular basis to ensure the adult’s interest are not prejudiced by a breakdown in communication between them. It is obvious that communication between the granddaughter and the son has broken down.
  5. [5]
    The granddaughter lodged the accounts, even though the son had all the necessary information available to him to do so. The tribunal cannot be satisfied that the administrators are acting in AR’s interests.
  6. [6]
    Because of the breakdown in communication, and because the son lives close to AR but the granddaughter is remote, I consider the best course of action is to suspend the administrator’s appointment and appoint the Public Trustee for a short period to enable a proper assessment of AR’s financial position based on all his financial records. It may be that, once that task is complete, one or both of the administrators can, once again, look after AR’s affairs.
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Editorial Notes

  • Published Case Name:

    AR

  • Shortened Case Name:

    AR

  • MNC:

    [2016] QCAT 88

  • Court:

    QCAT

  • Judge(s):

    Senior Member Stilgoe

  • Date:

    21 Apr 2016

Appeal Status

Please note, appeal data is presently unavailable for this judgment. This judgment may have been the subject of an appeal.

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