KCO [2021] NSWCATGD 29

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: KCO [2021] NSWCATGD 29 Hearing dates: 26 July 2021 Date of orders: 26 July 2021 Decision date: 26 July 2021 Jurisdiction: Guardianship Division Before: B L Adamovich, Senior Member (Legal) W E Blaxland, Senior Member (Professional) J V Le Breton, General Member (Community) Decision: Guardianship: 1. A guardianship order is made for KCO. 2. The Public Guardian is appointed as the guardian. 3. This is a continuing guardianship order for a period of 12 months from 26 July 2021. 4. This is a limited guardianship order giving the guardian(s) custody of KCO to the extent necessary to carry out the functions below. FUNCTIONS: 5. The guardian has the following functions: a) Accommodation To decide where KCO may reside. b) The guardian may authorise others including members of NSW Police and the Ambulance Service of NSW to: i) take KCO 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 KCO may receive. d) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where KCO is not capable of giving a valid consent. e) Services To make decisions about services to be provided to KCO. CONDITION: 6. The condition of this order is: a) Standard Condition In exercising this role, the guardian shall take all reasonable steps to bring KCO to an understanding of the issues and to obtain and consider her views before making significant decisions. Financial Management: 1. The estate of KCO is subject to management under the NSW Trustee and Guardian Act 2009 (NSW). 2. The management of the estate of KCO is committed to the NSW Trustee and Guardian. 3. This order be reviewed by the Tribunal within 12 months. Catchwords: GUARDIANSHIP – application for a guardianship order – whether a guardianship order should be made – existing enduring guardianship appointment – subject person is of advanced age – cognitive impairment associated with moderate dementia and depression – concerns that subject person is living in unhygienic conditions with basic care needs not met – high falls risk and limited mobility – carer preventing subject person from accessing services – subject person unwilling to move to aged care – need for decisions to be made about health care, medical and dental consent, and services – accommodation function with power to authorise others – conflict between family members – no private person suitable to be appointed – Public Guardian appointed – order made. FINANCIAL MANAGEMENT– application for a financial management order – existing enduring power of attorney is not operating in the subject person's best interests – need to protect the subject person from financial abuse and exploitation – no private person suitable to be appointed – NSW Trustee and Guardian appointed – order made. INTERLOCUTORY – joinder of party – investigations of elder abuse by the NSW Ageing and Disability Commission – party has genuine concern for subject person – party joined. Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14, 14(2), 15(3), 17(1), 25M Cases Cited: Application by AMAM; Re SAM [2011] NSWSC 503 C S and M Y v the Guardianship Tribunal and the Public Guardian (Supreme Court (NSW), Windeyer J, 29 November 1999, unrep CJ v AKJ [2015] NSWSC 498 Holt & Anor v Protective Commissioner (1993) 31 NSWLR 227 IF v IG [2004] NSWADTAP 3 M v M [2013] NSWSC 1495 McD v McD (1983) 3 NSWLR 81 P v D1 & Ors [2011] NSWSC 257 P v NSW Trustee and Guardian [2015] NSWSC 579 P v R [2003] NSWSC 819 PB v BB [2013] NSWSC 1223 Re B [2011] NSWSC 1075 Re D [2012] NSWSC 1006 Texts Cited: None cited. Category: Principal judgment Parties: 001: Guardianship Application