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- Unreported Judgment
WEG QCAT 89
QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL
WEG  QCAT 89
In an application about a matter concerning WEG
Guardianship and administration matters for adults
2 April 2019
On the papers
ENDURING POWERS OF ATTORNEY
(a) The enduring power of attorney dated 23 August 2002 appointing WEC and HEY as attorneys for financial, personal and health matters.
HEALTH LAW – GUARDIANSHIP, MANAGEMENT AND ADMINISTRATION OF PROPERTY OF PERSONS WITH IMPAIRED CAPACITY – OTHER MATTERS – where application for guardianship and administration – where application for interim order – whether adult at immediate risk of harm
Guardianship and Administration Act 2000 (Qld), s 129
This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld).
REASONS FOR DECISION
- EL, a social worker, made an application to the Tribunal for the appointment of the Public Guardian as guardian and the Public Trustee of Queensland as administrator for WEG and also for an interim order. WEG has a diagnosis of vascular dementia and has a metastatic skin malignancy. EL was concerned that WEC and HEY, the children of WEG, who were his appointed attorneys were not acting in WEG’s best interests. In particular, they were reluctant to act on behalf of WEG, in regards to discharge planning and had failed to accept reasonable offers of accommodation at a residential aged care facility. WEG was hospitalised in April 2018 due to his cancer, which initially was said to be palliative but, following treatment he was suitable for discharge. Numerous attempts to advise WEG’s attorneys that he was medically stable and ready to transition to an aged care facility were made, yet they continued to leave him in hospital putting him at risk of hospital borne infections and depriving him of an environment which meets his needs for such things as social interaction.
- The Tribunal may make an interim order in accordance with s 129 of the Guardianship and Administration Act 2000 (Qld) (‘GA Act’) where an adult is at immediate risk of harm in regard to their health, welfare or property. I am satisfied that where WEG has been medically stable for a long period of time, the failure of his attorneys to attend to discharge planning for him puts him at immediate risk of harm to his health and welfare. I note that the necessary decisions to enable discharge will require the appointment of a guardian for accommodation, health and provision of services and, that, as there will be financial decisions necessary to ensure that any necessary accommodation can be paid for, an administrator will also be required. I therefore appoint the Public Guardian as guardian for those mattes and the Public Trustee of Queensland as administrator in accordance with the order. The enduring power of attorney will be overtaken by these appointments to the necessary extent in accordance with s 22 of the GA Act.
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 QCAT 89
02 Apr 2019