BGU [2020] NSWCATGD 88

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BGU [2020] NSWCATGD 88 Hearing dates: 4 November 2020 Date of orders: 4 November 2020 Decision date: 04 November 2020 Jurisdiction: Guardianship Division Before: J Claridge, Senior Member (Legal) S Flanagan, Senior Member (Professional) Dr M Spencer, General Member (Community) Decision: 1. A guardianship order is made for BGU. 2. TNU of [Address removed for publication.] is appointed as the guardian. 3. This is a continuing guardianship order for a period of 12 months from 4 November 2020. 4. This is a limited guardianship order giving the guardian(s) custody of BGU to the extent necessary to carry out the functions below. FUNCTIONS: 5. The guardian has the following functions: a) Health care To decide what health care BGU may receive. b) Services To make decisions about services to be provided to BGU. CONDITION: 6. The condition of this order is: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring BGU to an understanding of the issues and to obtain and consider her views before making significant decisions. Financial Management 1. The estate of BGU is subject to management under the NSW Trustee and Guardian Act 2009 (NSW). 2. CSK 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 she has obtained all necessary authorities from 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 with speech and hearing impairment – limited language – reliance on family members in navigating community – guardianship order made – appointment of private guardian. FINANCIAL MANAGEMENT – application for a financial management order – whether subject person incapable of managing their own affairs – victim of financial exploitation – risk of further financial exploitation – private person suitable to be appointed as financial manager – private financial manager appointed – order made. Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14, 14(1)-(2), 15(3), 17(1) 18(1), 25M Cases Cited: CJ v AKJ [2015] NSWSC 498 McD v McD (1983) 3 NSWLR 81 P v NSW Trustee and Guardian [2015] NSWSC 579 Texts Cited: None cited. Category: Principal judgment Parties: 001: Guardianship Application