TBM [2020] NSWCATGD 43

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: TBM [2020] NSWCATGD 43 Hearing dates: 13 February 2020 Date of orders: 13 February 2020 Decision date: 13 February 2020 Jurisdiction: Guardianship Division Before: J Conley, Senior Member (Legal) F Duffy, Senior Member (Professional) B R Epstein-Frisch AM, General Member (Community) Decision: Guardianship Application 1. A guardianship order is made for TBM. 2. The Public Guardian is appointed as the guardian. 3. This is a continuing guardianship order for a period of one year from 13 February 2020. 4. This order will not be reviewed at the end of the above period. 5. This is a limited guardianship order giving the guardian(s) custody of TBM to the extent necessary to carry out the functions below. FUNCTIONS: 6. The guardian has the following functions: a) Accommodation To decide where TBM may reside. b) The guardian may authorise others including members of NSW Police and the Ambulance Service of NSW to: i) take TBM to a place approved by the guardian. ii) keep her at that place. iii) return her to that place should she leave it. c) Services To make decisions about services to be provided to TBM. CONDITION: 7. The condition of this order is: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring TBM to an understanding of the issues and to obtain and consider her views before making significant decisions. Financial Management Application 1. The estate of TBM is subject to management under the NSW Trustee and Guardian Act 2009 (NSW). 2. The management of the estate of TBM is committed to the NSW Trustee and Guardian. Catchwords: GUARDIANSHIP – application for a guardianship order – subject person an inpatient in hospital following episode of aggression – subject person has cognitive impairment – subject person requires high level care – whether a guardianship order should be made – subject person absconding from hospital – need for accommodation decisions with authority to authorise others – no private person willing to be appointed – Public Guardian appointed – order made. FINANCIAL MANAGEMENT – application for a financial management order – whether there is a need for a financial management order – need for accommodation fees and deposit to be paid – no private person available to be appointed – NSW Trustee and Guardian appointed – order made. Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14, 14(2), 25M Cases Cited: CJ v AKJ [2015] NSWSC 498 IF v IG [2004] NSWADTAP 3 McD v McD (1983) 3 NSWLR 81 P v NSW Trustee and Guardian [2015] NSWSC 579 P v R [2003] NSWSC 819 Re D [2012] NSWSC 1006 Re W and L (Parameters of Protected Estate Management Orders) [2014] NSWSC 1106 Texts Cited: Nil Category: Principal judgment Parties: 001: Guardianship Application