KZS [2020] NSWCATGD 89

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: KZS [2020] NSWCATGD 89 Hearing dates: 25 November 2020 Date of orders: 25 November 2020 Decision date: 25 November 2020 Jurisdiction: Guardianship Division Before: L Organ, Senior Member (Legal) Decision: Guardianship The guardianship order for KZS made on 23 October 2019 has been reviewed. The order now is as follows: 1. The Public Guardian is appointed as the guardian. 2. This is a continuing guardianship order for a period of 12 months from 25 November 2020. 3. This is a limited guardianship order giving the guardian(s) custody of KZS to the extent necessary to carry out the functions below. FUNCTIONS: 4. The guardian has the following functions: a) Accommodation To decide where KZS may reside. b) The guardian may authorise others including members of NSW Police and the Ambulance Service of NSW to: i) take KZS to a place approved by the guardian. ii) keep them at that place. iii) return them to that place should they leave it. c) Services To make decisions about services to be provided to KZS. CONDITION: 5. The condition of this order is: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring KZS to an understanding of the issues and to obtain and consider their views before making significant decisions. Financial Management The Financial Management order for KZS made on 9 April 2020 has been reviewed. The order now is as follows: 1. The estate of KZS is subject to management under the NSW Trustee and Guardian Act 2009 (NSW). 2. The management of the estate of KZS is committed to the NSW Trustee and Guardian. Catchwords: GUARDIANSHIP – review of a guardianship order – end-of-term review of guardianship order – subject person with Korsakoff's syndrome and Schizophrenia – whether a further guardianship order should be made – continued need for a guardianship order – need for decisions in relation to accommodation and services – healthcare functions no longer required – medical and dental consent no longer required - Public Guardian appointed – order renewed and varied. FINANCIAL MANAGEMENT – review of financial management order – end of term review of financial management order – where the subject person remains incapable of managing their affairs – NSW Trustee and Guardian appointed – order renewed. Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14, 14(2) Mental Health Act 2007 (NSW) Cases Cited: IF v IG [2004] NSWADTAP 3 Texts Cited: None cited. Category: Principal judgment Parties: 004: Review of Guardianship Order