CKS [2021] NSWCATGD 35

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CKS [2021] NSWCATGD 35 Hearing dates: 16 December 2021 Date of orders: 16 December 2021 Decision date: 16 December 2021 Jurisdiction: Guardianship Division Before: S Pinto, Senior Member (Legal) Dr F Duffy, Senior Member (Professional) R M Fela, General Member (Community) Decision: In relation to the enduring guardian appointment made by CKS on 13 August 2020 appointing DKN the Tribunal orders, directs or declares: The appointment of DKN as an enduring guardian is revoked. Catchwords: REVIEW OF ENDURING GUARDIANSHIP – application to review an enduring guardianship appointment – principal is of advanced age – principal diagnosed with dementia – principal resides in an aged care facility – allegations of elder abuse and mistreatment of the principal by the enduring guardian – enduring guardian seeks to remove the principal from aged care against the principal's best interests – principal expressed strong wishes not to have any contact with the enduring guardian – enduring guardianship instrument no longer workable – evidence that the principal can make own decisions regarding accommodation, health care and medical treatment – enduring guardianship appointment revoked. Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 6J, 6K, 6MA, 14(1), Pt 2 Cases Cited: None cited. Texts Cited: None cited. Category: Principal judgment Parties: 001: Review of an Enduring Guardianship Appointment

CKS (the person) EDJ (applicant) DKN (carer, enduring guardian) Public Guardian NSW Trustee and Guardian Representation: Nil. File Number(s): NCAT 2021/00337077 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.