Brian’s story
Brian and his wife Jean raised their family in a house in a regional location. After their children left home, Brian and Jean remained in the house and when Brian developed dementia, Jean lovingly cared for him there until her death.
After Jean died, Brian was happy to move into the home of his adult son Andrew, but worried about how he and Andrew, who had a full-time job and his own family to look after, would maintain the original family home and surrounding acreage.
Jim agrees to move into Brian’s house
Brian told Jim, a local resident he was acquainted with, his concerns and they agreed Jim would live in Brian’s house rent-free in return for looking after it and the property. Brian and Jim did not arrange a rental agreement, work contract or any other legal paperwork to document their arrangement.
Over time, Brian’s dementia advanced and Andrew found it increasingly difficult to manage his father’s finances. Andrew approached the Queensland Civil and Administrative Tribunal (QCAT), which appointed Queensland Public Trustee (QPT) as Brian’s financial administrator. QPT was responsible for making financial decisions on Brian’s behalf, and was obligated by law to always act in Brian’s best interests.
When Brian’s dementia worsened to the point that Andrew could no longer care for him at home, QPT, with Andrew’s support, prepared to sell Brian’s house to fund his move to residential aged care.
Jim claims a share in Brian’s property
However, despite lengthy discussions between QPT and Jim to agree a fair timeframe for Jim to find new accommodation, Jim refused to move from Brian’s house so it could be sold. Instead, he took legal action against Brian, claiming that he was entitled a share of Brian’s property.
Jim claimed the discussion he had with Brian about living in his house was an oral contract that entitled him to a piece of the property under a constructive trust. Jim also claimed their discussion constituted a promise by Brian that he could live in the property for the rest of his life.
QPT goes to court on Jim’s behalf
QPT acted on Brian’s behalf to fight Jim’s claim – a move Andrew supported – by arguing that Brian’s dementia meant he could not have entered into such a contract. The matter was resolved through the court process and Brian regained full possession of his property.
Names and some details changed for privacy