WPC [2020] NSWCATGD 83

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: WPC [2020] NSWCATGD 83 Hearing dates: 20 October 2020 25 November 2020 Date of orders: 01 December 2020 Decision date: 01 December 2020 Jurisdiction: Guardianship Division Before: J S Currie, Senior Member (Legal) Decision: REQUESTED REVIEW OF GUARDIANSHIP ORDER - 017 The guardianship order for WPC made on 19 September 2019 has been reviewed. The order is now is as follows: 1. QZP of [Address removed for publication.] is appointed as the guardian. 2. HAV of [Address removed for publication.] is appointed as the alternative guardian. 3. This is a continuing guardianship order for a period of 12 months from 1 December 2020. 4. This is a limited guardianship order giving the guardian custody of WPC to the extent necessary to carry out the functions below. FUNCTIONS 5. QZP has the following functions: a) Accommodation To decide where WPC may reside. b) Services To make decisions about services to be provided to WPC. CONDITION: 6. The condition of this order is: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring WPC to an understanding of the issues and to obtain and consider their views before making significant decisions. APPLICATION TO REVIEW OR REVOKE FINANCIAL MANAGEMENT ORDER - 016 The financial management order made for WPC on 28 February 2017 is revoked from 1 December 2020. The person appointed as manager of the estate is to pay over or hand over the estate to WPC. RECOMMENDATION The Tribunal recommends to WPC that she obtains early legal advice concerning the need to preserve her welfare and interests by executing, at an early date, an enduring power of attorney. Catchwords: GUARDIANSHIP – requested review of guardianship order – whether a further guardianship order should be made – suitability of proposed guardian – NSW Trustee and Guardian previously adopted "communication protocol" with proposed guardian in response to comments directed at staff – proposed guardian apologised for behaviour – proposed guardian demonstrates insight into the needs of the subject person – genuine ongoing concern for the subject person's welfare and interests – objection to reappointment of Public Guardian – private guardian and alternative guardian appointed FINANCIAL MANAGEMENT – requested review of financial management order – whether financial management order should be revoked – whether subject person has regained capability to manage their affairs – evidence, informal support and direct discussion with subject person shows they have regained capability – best interests to revoke order – financial management order revoked – recommendation made to seek legal advice to execute enduring power of attorney Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), 36(1) Guardianship Act 1987 (NSW), ss 3(1), 3D, 4, 4(a), 14(2), 15(3), 17, 17(1), 17(1)(c), 33A, 25P(1)-(2) NSW Trustee and Guardian Act 2009 (NSW) , s 39(a) Powers of Attorney Act 2003 (NSW), s 35(1) Cases Cited: CJ v AKJ [2015] NSWSC 498 FGE (2) [2012] NSWGT 3 GW v Protective Commissioner & Ors [2003] NSW ADTAP 51 H v H [2015] NSW SC 837 IF v IG [2004] NSWADTAP 3 McD v McD (1983) 3 NSWLR 81 P v D1 & Ors [2011] NSWSC 257 P v NSW Trustee and Guardian [2015] NSWSC 579 Re R [2014] NSWSC 1810 Re W and L (Parameters of Estate Management Orders) [2014] NSWSC 1106 W v G [2003] NSWSC 1170 ZGB v ZGC [2018] NSWCATAP 58 Texts Cited: Nil Category: Principal judgment Parties: 017: Requested Review of Guardianship Order