PND [2020] NSWCATGD 23

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: PND [2020] NSWCATGD 23 Hearing dates: 7 February 2020 Date of orders: 7 February 2020 Decision date: 07 February 2020 Jurisdiction: Guardianship Division Before: V Massey, Senior Member (Legal) Professor C Willcox, Senior Member (Professional) M L Williams, General Member (Community) Decision: Guardianship Application 1. A guardianship order is made for PND. 2. The Public Guardian is appointed as the guardian. 3. This is a continuing guardianship order for a period of one year from 7 February 2020. 4. This is a limited guardianship order giving the guardian(s) custody of PND to the extent necessary to carry out the functions below. FUNCTIONS: 5. The guardian has the following functions: a) Accommodation To decide where PND may reside. b) Health care To decide what health care PND may receive. c) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where PND is not capable of giving a valid consent. d) Services To make decisions about services to be provided to PND. CONDITION: 6. The condition of this order is: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring PND to an understanding of the issues and to obtain and consider their views before making significant decisions. Financial Management Application 1. The estate of PND is subject to management under the NSW Trustee and Guardian Act 2009 (NSW). 2. The management of the estate of PND is committed to the NSW Trustee and Guardian. Catchwords: GUARDIANSHIP – application for a guardianship order – whether subject person is a person in need of a guardian – subject person is of advanced age – subject person has significant cognitive impairment – significant conflict within subject person's close family - need for accommodation and health decisions – whether proposed guardian suitable to be appointed guardian – where a conflict of interest exists – proposed guardian's accommodation interests conflicts with subject person's financial needs – proposed guardian not suitable to be appointed guardian – Public Guardian appointed – order made. FINANCIAL MANAGEMENT – application for a financial management order – whether subject person is incapable of managing their own affairs – subject person unable to recall bank balance – subject person lacks reasonably sound understanding of her assets and liabilities – subject person unable to identify circumstances where people may take advantage of her – best interests of the subject person that an order be made – significant conflict within subject person's family – importance of preserving subject person's family relationships - no private person suitable to be appointed – NSW Trustee and Guardian appointed – order made. Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 3E(1), 4, 14, 14(2), 15(3), 17(1), 18(1)(a), 25M, 33A(4), 33A(4)(d) Cases Cited: C S and M Y v the Guardianship Tribunal and the Public Guardian (Supreme Court (NSW), Windeyer J, 29 November 1999, unrep IF v IG [2004] NSWADTAP 3 P v D1 & Ors [2011] NSWSC 257 Re B (No. 1) [2011] NSWSC 1075 Texts Cited: Nil Category: Principal judgment Parties: 001: Guardianship Application