JYG [2020] NSWCATGD 54

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: JYG [2020] NSWCATGD 54 Hearing dates: 1 September 2020 Date of orders: 1 September 2020 Decision date: 01 September 2020 Jurisdiction: Guardianship Division Before: J S Currie, Senior Member (Legal) Decision: The guardianship order for JYG made on 4 September 2019 has been reviewed. The order now is as follows: 1. SZG of [Address removed for publication.] is appointed as the guardian. 2. This is a continuing guardianship order for a period of three years from 2 September 2020. 3. This is a limited guardianship order giving the guardian custody of JYG to the extent necessary to carry out the functions below. FUNCTIONS: 4. The guardian has the following functions: a) Health care To decide what health care JYG may receive. b) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where JYG is not capable of giving a valid consent. c) Services To make decisions about services to be provided to JYG. CONDITION: 5. The condition of this order is the Standard Condition: In exercising this role the guardian shall take all reasonable steps to bring JYG to an understanding of the issues and to obtain and consider her views before making significant decisions. Catchwords: GUARDIANSHIP – end-of-term review of guardianship order – who should be appointed as guardian – whether guardianship order should be varied – suitability of proposed guardian – financial conflict of interest – proposed guardian with history of fraud in relation to subject person's estate leading to the loss of the subject person's property – appointment of proposed guardian would be inconsistent with the need to protect subject person from financial abuse or exploitation – pre-existing appointed guardian continues to be suitable for appointment – no continuing need for accommodation decisions or authority to override others – order varied. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 36 Guardianship Act 1987 (NSW), ss 3, 4, 14, 4(2), 15(3), 17, 17(1), 17(1)(b)-(c) Powers of Attorney Act 2003 (NSW), s 36(4) Cases Cited: CS and MY v The Guardianship Tribunal and The Public Guardian (Supreme Court (NSW), Windeyer J, 29 November 1999, unrep) FGE (2) [2012] NSWGT 3 P v D1 & Ors [2011] NSWSC 257 ZGB v ZGC [2018] NSWCATAP 58 Texts Cited: Nil Category: Principal judgment Parties: 004: Review of Guardianship Order