MAR

[2010] QCAT 305

CITATION:      MAR [2010] QCAT 305

PARTIES:   MAR

APPLICATION NUMBER:            GAA4188-10

MATTER TYPE:   Guardianship and Administration matters

HEARING DATE:   28 June 2010

HEARD AT:   Brisbane

DECISION OF:   C Endicott, senior member

DELIVERED ON:   28 June 2010

DELIVERED AT:   Brisbane

ORDERS MADE:   Application dismissed

CATCHWORDS: Early end to proceedings – section 47 Queensland Civil and Administrative Tribunal Act 2009 – application lacking substance

APPEARANCES and REPRESENTATION (if any):

The hearing took place on the papers in the absence of parties.

REASONS FOR DECISION

1. An application was made to the Tribunal on 29 April 2010 by MAR (the applicant) seeking the appointment of a guardian for himself.   

2. 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.

3. The Tribunal is required by section 12 of the Guardianship and Administration Act 2000 to determine whether an adult has impaired decision making capacity about the matter before it can consider appointing a guardian for the adult.    

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.

   5. MAR provided a report from his general medical practitioner dated 10 June 2010 which stated that MAR had full capacity to make all his own decisions.    
   6. The applicant was informed by a Tribunal registry officer on 24 June 2010 that he had not provided any evidence of impaired capacity for decision making and invited MAR to withdraw his application.     
   7. No written request has been provided by MAR seeking to withdraw his application. 
   8. No evidence has been provided by MAR that could form the basis for a finding of impaired decision making capacity.  His doctor’s report expressly states an opinion that MAR has capacity to make his own decisions. 
   9. The Tribunal finds that the presumption of capacity has not been rebutted. The application for the appointment of a guardian for MAR is lacking in substance and under section 47 of the Queensland Civil and Administrative Tribunal Act 2009 the application should be dismissed.