DZH [2020] NSWCATGD 86

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DZH [2020] NSWCATGD 86 Hearing dates: 21 December 2020 Date of orders: 21 December 2020 Decision date: 21 December 2020 Jurisdiction: Guardianship Division Before: S M Roberts, Senior Member (Legal) Dr A M Berry, Senior Member (Professional) J Cootes AM, General Member (Community) Decision: 001: Guardianship Application 1. A guardianship order is made for DZH. 2. KBH of [Address removed for publication.] is appointed as the guardian. 3. This is a continuing guardianship order for a period of 12 months from 21 December 2020. 4. This is a limited guardianship order giving the guardian(s) custody of DZH to the extent necessary to carry out the functions below. FUNCTIONS: 5. The guardian has the following functions: a) Accommodation To decide where DZH may reside. b) The guardian may authorise others including members of NSW Police and the Ambulance Service of NSW to: i) take DZH to a place approved by the guardian. ii) keep her at that place. iii) return her to that place should she leave it. c) Health care To decide what health care DZH may receive. d) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where DZH is not capable of giving a valid consent. e) Services To make decisions about services to be provided to DZH. AUTHORITY: 6. The guardian has the following authority: a) Authority to override objections to medical treatment i) The guardian may override the objection of DZH to major or minor medical treatment. CONDITION: 7. The condition of this order is: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring DZH to an understanding of the issues and to obtain and consider her views before making significant decisions. 002: Financial Management Application 1. The estate of DZH is subject to management under the NSW Trustee and Guardian Act 2009 (NSW). 2. KBH 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 – whether a guardianship order should be made – subject person inpatient in hospital – subject person with dementia – high level of carer stress – subject person unwilling to move to aged care – need for an ACAT assessment – need for accommodation decisions for admission to an aged care facility – need for medical and dental consent decisions – need for healthcare and services decisions – need for others to bring accommodation decisions into effect – authority to override objections to medical treatment – suitability of proposed guardian - private guardian appointed – order made. FINANCIAL MANAGEMENT – application for a financial management order – whether subject person incapable of managing their own affairs – where financial decisions need to be made for subject person to enter residential aged care – private person suitable to be appointed as financial manager – private financial manager appointed – order made. Legislation Cited: Guardianship Act 1987 (NSW), ss 4, 14(2), 17(1), 46A Cases Cited: None cited. Texts Cited: None cited. Category: Principal judgment Parties: 001: Guardianship Application DZH (the person) Nepean Blue Mountains Local Health District (applicant) KBH (carer) Public Guardian (statutory party)