TBU [2021] NSWCATGD 30

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: TBU [2021] NSWCATGD 30 Hearing dates: 13 September 2021 Date of orders: 13 September 2021 Decision date: 13 September 2021 Jurisdiction: Guardianship Division Before: B L Adamovich, Senior Member (Legal) Dr M Clayton, Senior Member (Professional) J V Le Breton, General Member (Community) Decision: Guardianship: 1. A guardianship order is made for TBU. 2. The Public Guardian is appointed as the guardian. 3. This is a continuing guardianship order for a period of 12 months from 13 September 2021. 4. This is a limited guardianship order giving the guardian(s) custody of TBU to the extent necessary to carry out the functions below. FUNCTIONS: 5. The guardian has the following functions: a) Access To decide what access TBU has to others and the conditions of access. b) Accommodation To decide where TBU may reside. c) Services To make decisions about services to be provided to TBU. CONDITION: 6. The condition of this order is: a) Standard Condition In exercising this role, the guardian shall take all reasonable steps to bring TBU to an understanding of the issues and to obtain and consider his views before making significant decisions. Financial Management: 1. The estate of TBU is subject to management under the NSW Trustee and Guardian Act 2009 (NSW). 2. The management of the estate of TBU is committed to the NSW Trustee and Guardian. Catchwords: GUARDIANSHIP – application for a guardianship order – whether a guardianship order should be made – subject person is of advanced age – subject person resides in an aged care facility – hypoxic brain injury and spasticity – cognitive impairment – subject person made an appointment of enduring guardianship – allegations of elder abuse – undue influence by the subject person's enduring guardian and carer – need to protect the subject person from abuse, neglect and exploitation – need for an independent decision maker – need for decisions to be made about access, accommodation and services – no private person suitable to be appointed – Public Guardian appointed – order made. FINANCIAL MANAGEMENT – application for a financial management order – subject person made an appointment of enduring power of attorney – existing enduring power of attorney is not operating in the subject person's best interests – subject person is incapable of managing their own financial affairs – vulnerable to financial exploitation – 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, 14, 14(2), 15(3), 25M Cases Cited: CJ v AKJ [2015] NSWSC 498 IF v IG [2004] NSWADTAP 3 McD v McD (1983) 3 NSWLR 81 P v NSW Trustee and Guardian [2015] NSWSC 579 P v R [2003] NSWSC 819 PB v BB [2013] NSWSC 1223 Re D [2012] NSWSC 1006 Texts Cited: None cited. Category: Principal judgment Parties: 001: Guardianship Application