KZM [2020] NSWCATGD 97

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: KZM [2020] NSWCATGD 97 Hearing dates: 18 February 2020 Date of orders: 18 February 2020 Decision date: 18 February 2020 Jurisdiction: Guardianship Division Before: N Jones, Senior Member (Legal) Dr S L Thompson, Senior Member (Professional) F E Hilson, General Member (Community) Decision: GUARDIANSHIP: 1. A guardianship order is made for KZM. 2. UND of [Address removed for publication.] is appointed as the guardian. 3. This is a continuing guardianship order for a period of 12 months from 18 February 2020. 4. This is a limited guardianship order giving the guardian(s) custody of KZM to the extent necessary to carry out the functions below. FUNCTIONS: 5. The guardian has the following functions: a) Accommodation To decide where KZM may reside. b) The guardian may authorise others including members of NSW Police and the Ambulance Service of NSW to: i) take KZM to a place approved by the guardian. ii) keep him at that place. iii) return him to that place should he leave it. c) Services To make decisions about services to be provided to KZM. CONDITION: 6. The condition of this order is: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring KZM to an understanding of the issues and to obtain and consider his views before making significant decisions. FINANCIAL MANAGEMENT: 1. The estate of KZM is subject to management under the NSW Trustee and Guardian Act 2009 (NSW). 2. UND 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 he/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 – unconfirmed diagnosis of dementia – subject person an inpatient in hospital – lack of insight into their condition, needs, and reason for admission to hospital – long-term alcohol use and possible liver damage – need for accommodation decisions post-discharge – subject person exhibits wish to return home – need for authorise others function – suitability of proposed private guardian – private guardian appointed – order made. FINANCIAL MANAGEMENT – application for a financial management order – whether subject person is incapable of managing their own affairs – subject person unable to budget – charitable organisation paying subject person's expenses – subject person has unpaid debts – potential need for residential aged care contracts to be signed on subject person's behalf – proposed financial manager able to approach the role in a clinical, methodical fashion – private financial manager appointed – order made. Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 4(e), 14(1)-(2), 14(2)(b) NSW Trustee and Guardian Act 2009 (NSW) Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: 001: Guardianship Application