EPG v NSW Trustee and Guardian [2021] NSWCATAD 276

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EPG v NSW Trustee and Guardian [2021] NSWCATAD 276 Hearing dates: 12 August 2021 Date of orders: 22 September 2021 Decision date: 22 September 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: S Leal, Senior Member Decision: 1. The decision of the NSW Trustee dated 2 February 2021 is set aside. In substitution, the following decision is made: 2. The applicant's property is to be leased in its entirety (including the self-contained study-cottage and garden shed) from 1 February 2022; 3. The applicant's friends, MY and JB, are to be consulted in relation to the clearing of the property; 4. If the property is not cleared by 1 February 2022, the NSW Trustee is to make arrangements for the property to be cleared; 5. Prior to bulk storage of all contents, an inventory is to be taken to ensure that the contents of the property are stored in consultation with the applicant. This may be facilitated with the assistance of the applicant's nominated friend, social worker or facility staff; 6. Documents and photographs required by the applicant to complete her autobiography while resident in her aged care facility should be retained or stored where they may be readily accessible as best as practically possible; 7. When choosing a storage location, the NSW Trustee should ensure that the documents and material required by the applicant to continue her memoirs are easily accessible either by placing all the documents and relevant anthropological material at the front of any storage space leased; or alternatively in a separate storage area to the remainder of the applicant's household contents. Catchwords: ADMINISTRATIVE LAW – review under section 62 NSW Trustee and Guardian Act 2009 (NSW) - NSW Trustee and Guardian – Interests and welfare of protected person – whether to lease a protected person's property – financial management order – s16 NSW Trustee and Guardian Act 2009 (NSW) – accessibility of property contents. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2014 (NSW) Guardianship Act 1987 (NSW) NSW Trustee and Guardian Act 2009 Cases Cited: McDonald v Guardianship Administration Board [1993] 1 VR 521 Category: Principal judgment Parties: EPG (Applicant) NSW Trustee and Guardian (Respondent) Representation: Solicitors: Ms R Sawtell (Respondent)