KZD [2020] NSWCATGD 18

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: KZD [2020] NSWCATGD 18 Hearing dates: 14 February 2020 Date of orders: 14 February 2020 Decision date: 14 February 2020 Jurisdiction: Guardianship Division Before: S Roushan, Senior Member (Legal) Dr B Chenoweth, Senior Member (Professional) T Grassi, General Member (Community) Decision: Guardianship The guardianship order for KZD made on 20 December 2019 has been reviewed. The order now is as follows: 1. XEC of [Address removed for publication.] is appointed as the guardian. 2. This is a continuing guardianship order for a period of six months from 14 February 2020. 3. This is a limited guardianship order giving the guardian(s) custody of KZD to the extent necessary to carry out the functions below. FUNCTIONS: 4. The guardian has the following functions: a) Accommodation To decide where KZD may reside. b) Health care To decide what health care KZD may receive. c) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where KZD is not capable of giving a valid consent. CONDITION: 5. The condition of this order is: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring KZD to an understanding of the issues and to obtain and consider their views before making significant decisions. Financial Management 1. The estate of KZD is subject to management under the NSW Trustee and Guardian Act 2009 (NSW). 2. XEC of [Address removed for publication.] is appointed as the financial manager of the estate. NOTE: The financial manager is not authorised to deal with the estate (other than to protect the assets) until he/she has obtained all necessary authorities from the NSW Trustee and Guardian. 3. This order be reviewed by the Tribunal within six months. Catchwords: GUARDIANSHIP – review of guardianship order – end-of-term review of guardianship order – whether a guardianship order needs to be made – subject person requires high level care – subject person exhibits exit seeking behaviour and wandering – need for accommodation decisions – subject person weaned from risperidone – need for medical and dental consent decisions – services function no longer needed – suitability of proposed guardian – proposed guardian demonstrates ability to prioritise subject person's best interests – private guardian appointed – order made. FINANCIAL MANAGEMENT – application for financial management order – withdrawal of application – whether tribunal should consent to withdrawal of application – enduring power of attorney ineffective – consent to withdrawal refused – need for decisions to be made to meet subject person's accommodation costs – suitability of proposed financial manager – whether NSW Trustee and Guardian should be appointed – evidence of previous informal arrangements – private financial manager preferable to appointment of NSW Trustee and Guardian – private financial manager appointed – order made. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), cl 10, Sch 6 Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14 s 14(2), 15(3), 25M Cases Cited: C S and M Y v the Guardianship Tribunal and the Public Guardian (Supreme Court (NSW), Windeyer J, 29 November 1999, unrep) CJ v AKJ [2015] NSWSC 498 Holt & Anor v Protective Commissioner (1993) 31 NSWLR 227 IF v IG [2004] NSWADTAP 3 P v NSW Trustee and Guardian [2015] NSWSC 579 Re B (No. 1) [2011] NSWSC 1075 Texts Cited: Nil Category: Principal judgment Parties: Financial Management Application