KND [2015] NSWCATGD 64

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: KND [2015] NSWCATGD 64 Hearing dates: 8 October 2015 Date of orders: 8 October 2015 Decision date: 08 October 2015 Jurisdiction: Guardianship Division Before: R H Booby, Senior Member (Legal) C M Kennedy, Senior Member (Professional) D R Sword, General Member (Community) Decision: The Tribunal appointed the Public Guardian as KND's guardian for a period of three months to make decisions about her accommodation, services, health care and medical and dental treatment as set out in the Tribunal's order. Catchwords: GUARDIANSHIP – application for a guardianship order – whether subject person is a person in need of a guardian – application of section 14 of the Guardianship Act 1987 – subject person dependent on others to make lifestyle decisions – subject person requires high level care – opposition to the provision of services or placement in an aged care facility – subject person did not attend the hearing – adequate notice of hearing – balance between procedural fairness and duty to protect the welfare and the interests of the subject person – urgent decisions to be made about accommodation, services, health care and medical treatment – Public Guardian appointed – order made – order to be reviewed in three months. Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14, 15(3) Cases Cited: IF v IG [2004] NSWADTAP 3 Texts Cited: None cited. Category: Principal judgment Parties: KND (the subject person) LZH (applicant) DAH (carer) The Public Guardian Representation: Nil. File Number(s): NCAT 2015/00384942 (C/60421) Publication restriction: Decisions of the Guardianship Division of the Civil and Administrative Tribunal have been anonymised to remove any information that may identify any person involved in the Tribunal's proceedings: Civil and Administrative Tribunal Act 2013 (NSW), s 65.