CZS [2020] NSWCATGD 36

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CZS [2020] NSWCATGD 36 Hearing dates: 11 March 2020 Date of orders: 11 March 2020 Decision date: 11 March 2020 Jurisdiction: Guardianship Division Before: S J Burns, Senior Member (Legal) S Flanagan, Senior Member (Professional) F N Given, General Member (Community) Decision: Guardianship Application 1. A guardianship order is made for CZS. 2. The Public Guardian is appointed guardian separately to the private guardians BYS of [Address removed for publication.] and CXM of [Address removed for publication.] who are appointed jointly. 3. This is a continuing guardianship order for a period of 12 months from 11 March 2020. 4. This is a limited guardianship order giving the guardian(s) custody of CZS to the extent necessary to carry out the functions below. FUNCTIONS: The Public Guardian 5. The Public Guardian has the following functions: a) Accommodation To decide where CZS may reside. b) The guardian may authorise others including members of NSW Police and the Ambulance Service of NSW to: i) take CZS to a place approved by the guardian. ii) keep him at that place. iii) return him to that place should he leave it. c) Services To make decisions about services to be provided to CZS. FUNCTIONS: BYS and CXM 6. BYS and CXM have the following functions: a) Health care To decide what health care CZS may receive. b) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where CZS is not capable of giving a valid consent. CONDITION: 7. The condition of this order is: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring CZS to an understanding of the issues and to obtain and consider his views before making significant decisions. Financial Management Application 1. The estate of CZS is subject to management under the NSW Trustee and Guardian Act 2009 (NSW). 2. The management of the estate of CZS is committed to the NSW Trustee and Guardian. Catchwords: GUARDIANSHIP – application for a guardianship order – subject person with cognitive disability due to chronic alcohol abuse – subject person constantly intoxicated and never in a condition to make any rational decisions – need for decisions to be made to enable detoxification – need for accommodation decisions for admission to an aged care facility – need for others to bring accommodation decisions into effect – health care and medical and dental consent functions – joint appointment – Public Guardian appointed – private guardian appointed – order made. FINANCIAL MANAGEMENT – subject person incapable of managing his day to day expenses and meet his own needs – informal support unable to ensure subject person does not spend income on alcohol – no private person available – 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: CJ v AKJ [2015] NSWSC 498 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 Re B (No.1) [2011] NSWSC 1075 Re W and L (Parameters of Protected Estate Management Orders) [2014] NSWSC 1106 Supreme Court (NSW), Windeyer J, 29 November 1999, unrep Category: Principal judgment Parties: 001: Guardianship Application