FZQ [2021] NSWCATGD 33

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FZQ [2021] NSWCATGD 33 Hearing dates: 30 July 2021 Date of orders: 30 July 2021 Decision date: 30 July 2021 Jurisdiction: Guardianship Division Before: S Pinto, Senior Member (Legal) Associate Professor C Willcox, Senior Member (Professional) D Crowley, General Member (Community) Decision: 1. A guardianship order is made for FZQ. 2. QZQ of [Address removed for publication.] is appointed as the guardian. 3. This is a continuing guardianship order for a period of 12 months from 30 July 2021. 4. This is a limited guardianship order giving the guardian(s) custody of FZQ to the extent necessary to carry out the functions below. FUNCTIONS: 5. The guardian has the following functions: a) Accommodation To decide where FZQ may reside. b) The guardian may authorise others including members of NSW Police and the Ambulance Service of NSW to: i) take FZQ to a place approved by the guardian. ii) keep him at that place. iii) return him to that place should he leave it. c) Health care To decide what health care FZQ may receive. d) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where FZQ is not capable of giving a valid consent. e) Services To make decisions about services to be provided to FZQ. CONDITION: 6. The condition of this order is: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring FZQ to an understanding of the issues and to obtain and consider his views before making significant decisions. 1. The estate of FZQ is subject to management under the NSW Trustee and Guardian Act 2009 (NSW). 2. QZQ 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 – subject person is of advanced age – subject person diagnosed with severe dementia – subject person an in-patient at a public hospital – conflict between family members – concerns about neglect and adequacy of care previously provided to the subject person – need for accommodation decisions for admission to an aged care facility – need for an ACAT assessment – need for decisions to be made in relation to services, health care, and consent to medical and dental treatment – suitability of proposed guardian – private guardian appointed – order made. FINANCIAL MANAGEMENT – application for a financial management order – whether subject person is incapable of managing their affairs – need to pay for accommodation and care fees in an aged care facility – suitability of proposed private manager – private financial manager appointed - order made. Legislation Cited: Guardianship Act 1987 (NSW), ss 4, 14(1)-(2), 17(1) Cases Cited: None cited. Texts Cited: None cited. Category: Principal judgment Parties: 001: Guardianship Application