FMK [2020] NSWCATGD 73

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FMK [2020] NSWCATGD 73 Hearing dates: 5 August 2020 Date of orders: 5 August 2020 Decision date: 05 August 2020 Jurisdiction: Guardianship Division Before: J Moir, Senior Member (Legal) Dr B McPhee, Senior Member (Professional) E McAlpine, General Member (Community) Decision: Financial Management 1. The estate of FMK is subject to management under the NSW Trustee and Guardian Act 2009 (NSW). 2. The management of the estate of FMK is committed to the NSW Trustee and Guardian. 3. This order be reviewed by the Tribunal within three years. Guardianship 1. A guardianship order is made for FMK. 2. The Public Guardian is appointed as the guardian. 3. This is a continuing guardianship order for a period of 12 months from 5 August 2020. 4. This is a limited guardianship order giving the guardian(s) custody of FMK to the extent necessary to carry out the functions below. FUNCTIONS: 5. The guardian has the following functions: a) Accommodation To decide where FMK may reside. b) Health care To decide what health care FMK may receive. c) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where FMK is not capable of giving a valid consent. d) Services To make decisions about services to be provided to FMK. e) Restrictive Practices To give or withhold consent as to whether the restrictive practice of chemical restraint should be used to influence FMK's behaviour. CONDITIONS: 6. The conditions of this order are: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring FMK to an understanding of the issues and to obtain and consider their views before making significant decisions. b) Restrictive Practices Condition The guardian(s) may only consent to the use of the types of restrictive practices permitted under this order to influence FMK's behaviour: (i) as a last resort to prevent FMK harming themself or others; and (ii) in accordance with a behaviour support plan which has been developed by a behaviour support practitioner after having conducted a functional behavioural assessment upon FMK, and which is reviewed regularly (and no less than every 12 months) and/or reviewed as soon as practicable if there is a change in circumstances which requires the plan to be amended. Catchwords: FINANCIAL MANAGEMENT – application for a financial management order – capacity to manage one's own affairs – financial management order made – appointment of NSW Trustee and Guardian as financial manager – reviewable order made GUARDIANSHIP – application for a guardianship order – restrictive practices – chemical restraint – appointment of Public Guardian GENERAL – subject person not present – adequate notice of hearing – hearing proceeding in absence of subject person Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14, 14(2), 15(3), 25M Cases Cited: IF v IG [2004] NSWADTAP 3 McD v McD (1983) 3 NSWLR 81 P v NSW Trustee and Guardian [2015] NSWSC 579 Texts Cited: Nil Category: Principal judgment Parties: 001: Financial Management Application