EZX [2020] NSWCATGD 72

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EZX [2020] NSWCATGD 72 Hearing dates: 26 June 2020 Date of orders: 26 June 2020 Decision date: 26 June 2020 Jurisdiction: Guardianship Division Before: S Roushan, Senior Member (Legal) A M Matheson, Senior Member (Professional) R Royer, General Member (Community) Decision: Guardianship 1. A guardianship order is made for EZX. 2. MYG of [Address removed for publication.] is appointed as the guardian. 3. This is a continuing guardianship order for a period of 12 months from 26 June 2020. 4. This is a limited guardianship order giving the guardian(s) custody of EZX to the extent necessary to carry out the functions below. FUNCTIONS: 5. The guardian has the following functions: a) Accommodation To decide where EZX may reside. b) Health care To decide what health care EZX may receive. c) Services To make decisions about services to be provided to EZX. CONDITION: 6. The condition of this order is: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring EZX to an understanding of the issues and to obtain and consider his views before making significant decisions. Financial Management 1. The estate of EZX is subject to management under the NSW Trustee and Guardian Act 2009 (NSW). 2. MYG of [Address removed for publication.] is appointed as the financial manager of the estate. NOTE: The financial manager is not authorised to deal with the estate (other than to protect the assets) until he/she has obtained all necessary authorities from the NSW Trustee and Guardian. 3. This order be reviewed by the Tribunal within 12 months. Catchwords: GUARDIANSHIP – application for a guardianship order – admitted to a multi-purpose health service – condition deteriorated – close family relationships – no undue conflict of interest – subject person and family support appointment – private guardian appointed FINANCIAL MANAGEMENT – application for a financial management order – risk of homelessness – vulnerable to exploitation – payments managed by sibling – financial arrangements needed if accommodation changes – subject person supports appointment – private manager found suitable Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14, 14(2), 15(3), 17, 25M Cases Cited: C S and M Y v the Guardianship Tribunal and the Public Guardian (Supreme Court (NSW), Windeyer J, 29 November 1999, unrep) CJ v AKJ [2015] NSWSC 498 IF v IG [2004] NSWADTAP 3 P v NSW Trustee and Guardian [2015] NSWSC 579 Re B [2011] NSWSC 1075 Texts Cited: None cited. Category: Principal judgment Parties: Guardianship Application