NFK [2020] NSWCATGD 20

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NFK [2020] NSWCATGD 20 Hearing dates: 4 February 2020 (Guardianship) 18 March 2020 (Financial Management) Date of orders: 4 February 2020 (Guardianship) 18 March 2020 (Financial Management) Decision date: 18 March 2020 Jurisdiction: Guardianship Division Before: J Moir, Senior Member (Legal) F Duffy, Senior Member (Professional) M Watson, General Member (Community) (Guardianship) I Ferreira (Community) (Financial Management) Decision: Guardianship applications (4 February 2020) 1. A guardianship order is made for NFK. 2. MZT of [Address removed for publication.] is appointed as the guardian. 3. This is a continuing guardianship order for a period of 12 months from 5 February 2020. 4. This is a limited guardianship order giving the guardian custody of NFK to the extent necessary to carry out the functions below. FUNCTIONS: 5. The guardian has the following functions: a) Accommodation To decide where NFK may reside. b) Health care To decide what health care NFK may receive. c) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where NFK is not capable of giving a valid consent. d) Services To make decisions about services to be provided to NFK. CONDITION: 6. The condition of this order is: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring NFK to an understanding of the issues and to obtain and consider her views before making significant decisions. Financial Management applications (18 March 2020) 1. The estate of NFK is subject to management under the NSW Trustee and Guardian Act 2009 (NSW). 2. MZT 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 she has obtained all necessary authorities from the NSW Trustee and Guardian. Catchwords: GUARDIANSHIP – application for a guardianship order – whether a guardianship order should be made – practicability of services bring provided without a guardianship order - persistent family conflict – concerns about adequacy of care previously provided to the subject person – subject person recently receiving all necessary care – need for accommodation decisions – need for health care and services decisions – need for medical and dental consent decisions – suitability of proposed guardian – multiple proposed guardians – family conflict a significant impediment – private guardian appointed – order made. FINANCIAL MANAGEMENT – application for a financial management order – whether there is a need for a financial management order – whether it is in subject person's best interests that a financial management order be made – informal management adequate in the short term – possible need for decisions about the sale of property to pay for accommodation – matters unable to be managed informally – suitability of proposed financial manager – persistent family conflict – efficiency of appointing a the same person as guardian and financial manager – private financial manager appointed – order made. INTERLOCUTORY – joinder of parties – whether person a "spouse" – whether person "had the care of" the subject person – s 36 of the Civil and Administrative Tribunal Act - "just, quick and cheap resolution of the real issues in the proceedings" – real issue in proceedings are the guardianship and financial management applications – person had an interest in the applications and longstanding relationship with the subject person – person joined as party to proceedings. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 36 Guardianship Act 1987 (NSW), ss 3(1)-(2), 3D, 4, 14, 14(2), 15(3), 17(1), 25M Cases Cited: Holt & Anor v Protective Commissioner (1993) 31 NSWLR 227 IF v IG [2004] NSWADTAP 3 McD v McD (1983) 3 NSWLR 81 P v D1 & Ors [2011] NSWSC 257 P v NSW Trustee and Guardian [2015] NSWSC 579 Texts Cited: Nil Category: Principal judgment Parties: 001: Guardianship Application