FKT [2020] NSWCATGD 96

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FKT [2020] NSWCATGD 96 Hearing dates: 18 June 2020 Date of orders: 18 June 2020 Decision date: 18 June 2020 Jurisdiction: Guardianship Division Before: K Ransome, Senior Member (Legal) Dr L Tong AM, Senior Member (Professional) S Bullock, General Member (Community) Decision: In relation to the enduring guardian appointment made by FKT on 27 November 2018 appointing WBT, NST and LNT the Tribunal orders, directs or declares: The appointment of WBT, NST and LNT as an enduring guardian is revoked. The application for review is treated as if it were an application under the Guardianship Act 1987 (NSW) for a guardianship order for FKT. 1. A guardianship order is made for FKT. 2. The Public Guardian is appointed guardian separately to the private guardians NST of [Address removed for publication.] and WBT of [Address removed for publication.] who are appointed jointly. 3. This is a continuing guardianship order for a period of 12 months from 18 June 2020. 4. This is a limited guardianship order giving the guardian(s) custody of FKT to the extent necessary to carry out the functions below. FUNCTION: The Public Guardian 5. The Public Guardian has the following function: a) Access To decide what access FKT has to others and the conditions of access. FUNCTIONS: NST and WBT 6. NST and WBT have the following functions: a) Accommodation To decide where FKT may reside. b) Health care To decide what health care FKT may receive. c) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where FKT is not capable of giving a valid consent. d) Services To make decisions about services to be provided to FKT. CONDITION: 7. The condition of this order is: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring FKT to an understanding of the issues and to obtain and consider their views before making significant decisions. Catchwords: REVIEW OF ENDURING GUARDIANSHIP – application to review an enduring guardianship appointment – family conflict resulting in loss of contact between subject person and family members – joint enduring guardianship unworkable – enduring guardianship appointment revoked – decision to treat the application to review an enduring guardianship appointment as an application for a guardianship order. GUARDIANSHIP – practicability of services being provided without an order – ongoing family conflict impedes informal decision-making – need for decisions to be made in relation to access, services, accommodation, health care and consent to medical treatment – suitability of proposed guardian – need for independent decision-maker in relation to access decisions – private guardians appointed jointly with the Public Guardian – order made. Legislation Cited: Guardianship Act 1987 (NSW), ss 4, 14(2), 15(3), 17(1) Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: 003: Review of an Enduring Guardianship Appointment