HYN [2020] NSWCATGD 91

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: HYN [2020] NSWCATGD 91 Hearing dates: 14 December 2020 Date of orders: 14 December 2020 Decision date: 14 December 2020 Jurisdiction: Guardianship Division Before: K Ransome, Senior Member (Legal) W E Blaxland, Senior Member (Professional) E A Pickering, General Member (Community) Decision: 1. A guardianship order is made for HYN. 2. DAN of [Address removed for publication.] is appointed as the guardian. 3. This is a continuing guardianship order for a period of 12 months from 14 December 2020. 4. This order will not be reviewed at the end of the above period. 5. This is a limited guardianship order giving the guardian(s) custody of HYN to the extent necessary to carry out the functions below. FUNCTIONS: 6. The guardian has the following functions: a) Accommodation To decide where HYN may reside. b) The guardian may authorise others including members of NSW Police and the Ambulance Service of NSW to: i) take HYN to a place approved by the guardian. ii) keep her at that place. iii) return her to that place should she leave it. c) Services To make decisions about services to be provided to HYN. CONDITION: 7. The condition of this order is: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring HYN to an understanding of the issues and to obtain and consider her views before making significant decisions. 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 others to bring accommodation decisions into effect – suitability of proposed guardian – private guardian appointed – twelve month non-reviewable order made. Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14, 14(2), 17(1) Cases Cited: None cited. Texts Cited: None cited. Category: Principal judgment Parties: 001: Guardianship Application