HCN [2020] NSWCATGD 87

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: HCN [2020] NSWCATGD 87 Hearing dates: 3 November 2020 Date of orders: 3 November 2020 Decision date: 03 November 2020 Jurisdiction: Guardianship Division Before: J Kearney, Senior Member (Legal) J M Wortley, Senior Member (Professional) D R Sword, General Member (Community) Decision: Guardianship 1. A guardianship order is made for HCN. 2. The Public Guardian is appointed as the guardian. 3. This is a continuing guardianship order for a period of 12 months from 3 November 2020. 4. This is a limited guardianship order giving the guardian(s) custody of HCN to the extent necessary to carry out the functions below. FUNCTIONS: 5. The guardian has the following functions: a) Accommodation To decide where HCN may reside. b) The guardian may authorise others including members of NSW Police and the Ambulance Service of NSW to: i) take HCN to a place approved by the guardian. ii) keep him at that place. iii) return him to that place should he leave it. c) Health care To decide what health care HCN may receive. d) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where HCN is not capable of giving a valid consent. e) Services To make decisions about services to be provided to HCN. CONDITION: 6. The condition of this order is: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring HCN to an understanding of the issues and to obtain and consider his views before making significant decisions. Financial Management 1. The estate of HCN is subject to management under the NSW Trustee and Guardian Act 2009 (NSW). 2. The management of the estate of HCN is committed to the NSW Trustee and Guardian. Catchwords: GUARDIANSHIP – application for a guardianship order – whether subject person is a person in need of a guardian – subject person an inpatient in hospital – need for decision in relation to accommodation upon discharge – need for medical and dental consent decisions – need for healthcare and services decisions – proposed guardian not suitable to be appointed – potential conflict of interest – Public Guardian appointed – order made. FINANCIAL MANAGEMENT – application for a financial management order – capacity to manage one's own affairs – proposed financial manager not suitable to be appointed – potential conflict of interest – financial management order made – appointment of NSW Trustee and Guardian as financial manager – order made. Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14, 14(2), 25E, 25G, 25M Cases Cited: CJ v AKJ [2015] NSWSC 498 IF v G [2004] NSWADTAP 3 McD v McD (1983) 3 NSWLR 81 P v NSW Trustee and Guardian [2015] NSWSC 579 Re W and L (Parameters of Protected Estate Management Orders) [2014] NSWSC 1106 Texts Cited: None cited. Category: Principal judgment Parties: 001: Guardianship Application