HXZ [2020] NSWCATGD 65

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: HXZ [2020] NSWCATGD 65 Hearing dates: 17 July 2020 Date of orders: 17 July 2020 Decision date: 17 July 2020 Jurisdiction: Guardianship Division Before: J Toohey, Senior Member (Legal) E Love, Senior Member (Professional) F E Hilson, General Member (Community) Decision: Guardianship 1. A guardianship order is made for HXZ. 2. KZO of [Address removed for publication.] and LTC of [Address removed for publication.] are appointed jointly as the guardians. 3. This is a continuing guardianship order for a period of 12 months from 17 July 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 HXZ to the extent necessary to carry out the functions below. FUNCTIONS: KZO and LTC 6. KZO and LTC have the following functions: a) Accommodation To decide where HXZ may reside. b) The guardian may authorise others including members of NSW Police and the Ambulance Service of NSW to: i) take HXZ to a place approved by the guardian. ii) keep them at that place. iii) return them to that place should they leave it. CONDITIONS: 7. The condition of this order is: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring HXZ to an understanding of the issues and to obtain and consider their views before making significant decisions. Financial management 1. The estate of HXZ is subject to management under the NSW Trustee and Guardian Act 2009 (NSW). 2. BKC of [Address removed for publication.] and LTC of [Address removed for publication.] are appointed jointly and severally as the financial managers of the estate. NOTE: The financial managers are not authorised to deal with the estate (other than to protect the assets) until they have obtained all necessary authorities from the NSW Trustee and Guardian. Catchwords: GUARDIANSHIP – application for a guardianship order – residential aged care – subject person with dementia – concerns subject person will return home and leave permanent care – no need for review at end of term – subject person preference of guardian considered – private guardians jointly appointed FINANCIAL MANAGEMENT – application for a financial management order – subject person not opposed to financial management order – need for sale of home and management of bank accounts – need to pay accommodation and care fees – suitability of proposed private managers – private managers jointly and severally appointed Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14(1), 17, 18(1), 25G, 25M(1) 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 M v M [2013] NSWSC 1495 P v NSW Trustee and Guardian [2015] NSWSC 579 Re B [2011] NSWSC 1075 Texts Cited: Nil Category: Principal judgment Parties: 001: Guardianship Application