BDF [2020] NSWCATGD 26

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BDF [2020] NSWCATGD 26 Hearing dates: 11 February 2020 Date of orders: 11 February 2020 Decision date: 11 February 2020 Jurisdiction: Guardianship Division Before: D Jay, Senior Member (Legal) Dr E Safro, Senior Member (Professional) S Bullock, General Member (Community) Decision: 1. The estate of BDF is subject to management under the NSW Trustee and Guardian Act 2009 (NSW). 2. The management of the estate of BDF is committed to the NSW Trustee and Guardian. 1. A guardianship order is made for BDF. 2. The Public Guardian is appointed as the guardian. 3. This is a continuing guardianship order for a period of 12 months from 11 February 2020. 4. This is a limited guardianship order giving the guardian(s) custody of BDF to the extent necessary to carry out the functions below. FUNCTIONS: 5. The guardian has the following functions: a) Accommodation To decide where BDF may reside. b) The guardian may authorise others including members of NSW Police and the Ambulance Service of NSW to: i) take BDF to a place approved by the guardian. ii) keep him at that place. iii) return him to that place should he leave it. c) Health care To decide what health care BDF may receive. d) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where BDF is not capable of giving a valid consent. e) Services To make decisions about services to be provided to BDF. CONDITION: 6. The condition of this order is: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring BDF to an understanding of the issues and to obtain and consider his views before making significant decisions. Catchwords: GUARDIANSHIP – application for a guardianship order – whether subject person is a person in need of a guardian - subject person an inpatient in hospital – Wernicke's encephalopathy and alcohol related brain damage – need for decision in relation to accommodation upon discharge – subject person likely to refuse to comply with accommodation decisions – need for medical and dental consent decisions – need for healthcare and services decisions – subject person and proposed guardian do not have a compatible relationship – proposed guardian not suitable to be appointed – 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 has history of heavy drinking and propensity to return to heavy drinking – diagnoses of Wernicke's encephalopathy and alcohol related brain damage – financial management needed to facilitate admission to a residential aged care facility – appointment of private manager not supported by subject person – NSW Trustee and Guardian appointed – order made. Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14, 14(2), 15(3), 17(1), 25M Cases Cited: Application by AMAM; Re SAM [2011] NSWSC 503 C S and M Y v the Guardianship Tribunal and the Public Guardian (Supreme Court (NSW), Windeyer J, 29 November 1999, unrep Holt & Anor v Protective Commissioner (1993) 31 NSWLR 227 IF v IG [2004] NSWADTAP 3 M v M [2013] NSWSC 1495 McD v McD (1983) 3 NSWLR 81 P v D1 & Ors [2011] NSWSC 257 Re B (No. 1) [2011] NSWSC 1075 Re W and L (Parameters of Protected Estate Management Orders) [2014] NSWSC 1106 Texts Cited: Nil Category: Principal judgment Parties: 001: Guardianship Application