WZL [2022] NSWCATGD 4

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: WZL [2022] NSWCATGD 4 Hearing dates: 13 April 2022 Date of orders: 13 April 2022 Decision date: 13 April 2022 Jurisdiction: Guardianship Division Before: A Britton, Deputy President Dr F Duffy, Senior Member (Professional) I Ferreira, General Member (Community) Decision: Guardianship 1. A guardianship order is made for WZL. 2. The Public Guardian is appointed as the guardian. 3. This is a continuing guardianship order for a period of 12 months from 13 April 2022. 4. This is a limited guardianship order giving the guardian(s) custody of WZL to the extent necessary to carry out the functions below. FUNCTIONS: 5. The guardian has the following functions: a) Access To decide what access WZL has to others and the conditions of access. b) Accommodation To decide where WZL may reside. c) Services To make decisions about services to be provided to WZL. CONDITION: 6. The condition of this order is: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring WZL to an understanding of the issues and to obtain and consider her views before making significant decisions. Financial Management 1. The estate of WZL is subject to management under the NSW Trustee and Guardian Act 2009 (NSW). 2. The management of the estate of WZL is committed to the NSW Trustee and Guardian. Catchwords: GUARDIANSHIP – application for a guardianship order – whether a guardianship order should be made, and what order should be made – subject person is of advanced age – subject person has dementia and cognitive impairment – subject person made and then revoked successive enduring guardian and enduring power of attorney appointments – significant conflict within subject person's close family – need for independent decision-maker in relation to access decisions – proposed guardians not suitable to be appointed – Public Guardian appointed – order made. FINANCIAL MANAGEMENT – application for a financial management order – whether subject person is incapable of managing their own affairs – best interests of the subject person that an order be made – no private person suitable to be appointed – NSW Trustee and Guardian appointed – order made. Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 4(f), 14(1)-(2), 15(3), 17(1), 17(1)(c), 25G, 25M Cases Cited: Application by AMAM; Re SAM [2011] NSWSC 503 IR v AR [2015] NSWSC 1187 M v M [2013] NSWSC 1495 W v G [2003] NSWSC 1170; (2003) 59 NSWLR 220 ZKF v ZKG [2019] NSWCATAP 64 Texts Cited: None cited. Category: Principal judgment Parties: 002: Guardianship Application