NSM [2019] NSWCATGD 33

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NSM [2019] NSWCATGD 33 Hearing dates: 01 August 2019 Date of orders: 01 August 2019 Decision date: 01 August 2019 Jurisdiction: Guardianship Division Before: A Britton, Principal Member Dr M J Wroth, Senior Member (Professional) R M Fela, General Member (Community) Decision: Guardianship Application: 1. A guardianship order is made for NSM. 2. The Public Guardian is appointed as the guardian. 3. This is a continuing guardianship order for a period of 12 months from 2 August 2019. 4. This is a limited guardianship order giving the guardian(s) custody of NSM to the extent necessary to carry out the functions below. FUNCTIONS: 5. The guardian has the following functions: a) Access To decide what access NSM has to others and the conditions of access. b) Accommodation To decide where NSM may reside. c) The guardian may authorise others including members of NSW Police and the Ambulance Service of NSW to: i) take NSM to a place approved by the guardian. ii) keep them at that place. iii) return them to that place should they leave it. d) Health care To decide what health care NSM may receive. e) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where NSM is not capable of giving a valid consent. f) Services To make decisions about services to be provided to NSM. CONDITION: 6. The condition of this order is: a) Standard Condition In exercising this role, the guardian shall take all reasonable steps to bring NSM to an understanding of the issues and to obtain and consider their views before making significant decisions. Financial Management Application: 1. The estate of NSM is subject to management under the NSW Trustee and Guardian Act 2009 (NSW). 2. The management of the estate of NSM is committed to the NSW Trustee and Guardian. Catchwords: GUARDIANSHIP – application for a guardianship order – inpatient with advanced dementia – impracticable for services to be provided without an order – family conflict – suitability of proposed guardian – no supportive material provided – proposed guardian with criminal history – non-disclosure of possible conflicts of interests and financial issues – separate representative opposes proposed guardian – Public Guardian appointed FINANCIAL MANAGEMENT – application for a financial management order – unable to manage affairs – urgent need to manage estate – mortgage in arrears and other debts – suitability of proposed manager – lack of understanding of duties – no evidence provided – issues with personal qualities – NSW Trustee and Guardian appointed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 49 Guardianship Act 1987 (NSW), ss 3(1)-(2), 3D, 4, 14(1), 15(3), 17(1), 17(1)(a)-(c), 18, 25, 25G, 25M Powers of Attorney Act 2003 (NSW) Cases Cited: Application by AMAM; Re SAM [2011] NSWSC 503 IR v AR [2015] NSWSC 1187 M v M [2013] NSWSC 1495 W v G [2003] NSWSC 1170; (2003) 59 NSWLR 220 ZKF v ZKG [2019] NSWCATAP 64 Texts Cited: None cited. Category: Principal judgment Parties: 001: Guardianship Application