KNT [2020] NSWCATGD 93

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: KNT [2020] NSWCATGD 93 Hearing dates: 28 August 2020 Date of orders: 28 August 2020 Decision date: 28 August 2020 Jurisdiction: Guardianship Division Before: G Bartley, Senior Member (Legal) S Flanagan, Senior Member (Professional) M L Williams, General Member (Community) Decision: The application to review the enduring power of attorney made by KNT on 8 July 2017 is dismissed because the Tribunal has no jurisdiction. The application for financial management is dismissed because the Tribunal has no jurisdiction. 1. A guardianship order is made for KNT. 2. The Public Guardian is appointed as the guardian. 3. This is a continuing guardianship order for a period of six months from 28 August 2020. 4. This is a limited guardianship order giving the guardian custody of KNT to the extent necessary to carry out the functions below. FUNCTIONS: 5. The guardian has the following functions: a) Accommodation To decide where KNT may reside. b) The guardian may authorise others including members of NSW Police and the Ambulance Service of NSW to: i) take KNT 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 KNT may receive. d) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where KNT is not capable of giving a valid consent. e) Services To make decisions about services to be provided to KNT. CONDITION: 6. The condition of this order is: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring KNT to an understanding of the issues and to obtain and consider her views before making significant decisions. Catchwords: GUARDIANSHIP – application for a guardianship order – patient in NSW hospital – physically present in NSW but resident of another state – parties in different Australian states – jurisdiction to make a guardianship order – suitability of proposed guardians – significant family conflict – family dispute on accommodation decision– removed from hospital without authorisation – significant bank withdrawals – Public Guardian appointed. FINANCIAL MANAGEMENT – patient in NSW hospital – no property in NSW – resident of another state – no jurisdiction to make a financial management order – application dismissed. POWER OF ATTORNEY – patient in NSW hospital – instrument made in another state – resident of another state – no jurisdiction to review enduring power of attorney – application dismissed. Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 6O(1), 14, 14(2), 15(3), 17(1); Pt 2 Powers of Attorney Act 2006 (ACT) Powers of Attorney Act 1998 (Qld) Powers of Attorney Act 2003 (NSW), ss 3, 19, 25(1)-(2), 25(5) Cases Cited: C S and M Y v the Guardianship Tribunal and the Public Guardian (Supreme Court (NSW), Windeyer J, 29 November 1999, unrep) IF v IG [2004] NSWADTAP 3 Jumbunna Coal Mine v Victorian Coal Miners' Association (1908) HCA 95 NVT [2015] NSWCATGD 37 P v D1 & Ors [2011] NSWSC 257 QBL [2014] NSWCATGD 8 Re B [2011] NSWSC 1075 Texts Cited: None cited. Category: Principal judgment Parties: 001: Review of an Enduring Power of Attorney