Case 24: Man with mental illness able to continue managing his own money

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Patrick had a long-term mental illness and had been an inpatient in a hospital for many years. He owned a house and wanted to live independently in the community although there was evidence that his wish was unrealistic. The hospital applied for an administration order and the Victorian Civil and Administrative Tribunal made the order knowing that the administrator would probably sell Patrick’s home. Patrick appealed the ruling to the Supreme Court arguing that it breached his Charter rights. The Supreme Court agreed and cancelled the administrator appointment. The Supreme Court decided that making an administration order was not the least restrictive option available and that insufficient evidence had been put forward to justify such a serious restriction on rights as Patrick was not mismanaging his money or the home and there was no crisis in terms of his health or his accommodation.

Source: PJB v Melbourne Health & Anor (Patrick’s case) [2011] VSC 327. See also our case summary here: https://www.hrlc.org.au/human-rights-case-summaries/p-j-b-v-melbourne-health-anor-patricks-case2011-vsc-327-19-july-2011