SI[2018] QCAT 67

REASONS FOR DECISION

1. [1]
   SI is 82 years old and resides on her rural property supported by her son, SP. There has been evidence that SP is subject to carer stress in particular as SI is adamant that she will not leave her property even for respite care.
2. [2]
   SI has had a diagnosis of dementia since 2010 and she has lost insight into her care needs. In particular, she considers that she is still capable of managing at home. While SP resides with her and provides support, his level of carer stress has meant that he has needed to take unplanned absences during which she has not received appropriate levels of monitoring and support.
3. [3]
   There is another son SG who has less contact with SI and considered that things were being managed reasonably well.
4. [4]
   Neighbours of SI had expressed concern and a referral was made to the Public Guardian, which was ultimately investigated, and an application for guardianship and administration was made to the Tribunal through SI’s medical centre.
5. [5]
   The Tribunal may appoint Guardians and Administrators in accordance with s 12 of the Guardianship and Administration Act 2000 (Qld). The Tribunal must be satisfied that the adult has impaired capacity for decisions about personal and financial matters; that there is a need for decisions; and that the adult’s need will not be adequately met without appointment.
6. [6]
   It is clear that as a result of dementia SI has impaired capacity for decisions about personal and financial matters. There is also a need for decisions such as for service provision and accommodation, including respite accommodation, and SI’s finances must also be protected.
7. [7]
   The question then is whether there is a need for appointment of decision makers to ensure SI’s needs are met and she is adequately protected. It was initially thought that SI had not made an enduring power of attorney. Whereas she had made one in 2013 appointing SP as her attorney for financial and personal matters.
8. [8]
   As a result of concerns raised the Public Guardian and Public Trustee of Queensland were appointed as guardian and administrator respectively on an interim basis.
9. [9]
   In the Public Guardian’s investigation report and material from her medical team it appeared that currently her needs were not being met and SP was not able to care for her and neither he nor SI accepted that was a need for at least respite placement.
10. [10]
    The Public Guardian provided a report to the Tribunal with regard to the actions it had taken as Guardian and the views of the key parties. It was indicated that currently SP was caring for his mother at home and that he was able to do so, which was confirmed by the family doctor. While SI continued to state she wanted to stay at home both SP and GS recognised that there was a need for at least respite services and possible permanent placement in the future and that they would be able to make those decisions.
11. [11]
    At the hearing, SP stated that he had been trying to ensure his mother’s needs were met but she was resistant to services and respite care. He acknowledged that he was subject to carer stress and that he was unaware he had authority as attorney to make necessary decisions. He said he wanted to ensure his mother’s needs were met and would work with the health authorities and service providers to do so.
12. [12]
    On the basis that there was an appointed attorney who understood the decisions that needed to be made and would do so to protect SI’s interests while ensuring that her wishes were heard there was no need for a guardian.
13. [13]
    The application for the appointment of a guardian is dismissed.
14. [14]
    SP had been informally insisting SI with her finances before the appointment of the Public Trustee under the interim order. The Public Trustee noted that there had been some issues with SP making requests for funds on behalf of SI and some large withdrawals from the bank before their appointment.
15. [15]
    It was explained to SP that if he were to continue to assist his mother with her finances he would be doing so as her attorney and he would need to act in accordance with the Powers of Attorney Act 1998 (Qld) in particular that her funds were used for her benefit, that proper records were kept and that he must not enter conflict transactions. He assured the Tribunal that he would act appropriately.
16. [16]
    As there is an appointed attorney willing to act, the Tribunal was satisfied that there was no need for an administrator.
17. [17]
    The application for appointment of an administrator is dismissed.
18. [18]
    An application was made to ensure that the identity of the person who had made the initial referral to the Public Guardian was not disclosed. Some of the material before the Tribunal included that person’s phone and email details. The applicant advised that she had not obtained the consent of that person to include her details in information supplied with the application.
19. [19]
    The Tribunal may make a confidentiality order in accordance with s 109 of the Guardianship and Administration Act 2000 (Qld). The Tribunal may withhold a document, or part of a document from an active party or other person to avoid serious risk of harm or injustice to another person. The applicant indicated that the information if disclosed may result in retribution to the person if they were identified. The Tribunal notes that it is the practice of the Public Guardian to keep the identity of informants confidential to ensure that people will continue to make complaints to the Public Guardian where they perceive an adult is at financial or physical risk.
20. [20]
    I note that there was no objection to the confidentiality order and consider it appropriate in the circumstances to protect the identity of the complainant where they had not had an opportunity to consent to disclosure of their identity. I therefore ordered that all documents disclosing the name of the person who made the complaint to the Public Guardian must be redacted to remove reference to that person in accordance with s 109 of the Guardianship and Administration Act 2000 (Qld).