OYD [2019] NSWCATGD 35

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: OYD [2019] NSWCATGD 35 Hearing dates: 28 February 2019 Date of orders: 28 February 2019 Decision date: 28 February 2019 Jurisdiction: Guardianship Division Before: C L Grant, Senior Member (Legal) L Houlahan, Senior Member (Professional) J V Le Breton, General Member (Community) Decision: Financial Management 1. The estate of OYD is subject to management under the NSW Trustee and Guardian Act 2009 (NSW). 2. The management of the estate of OYD is committed to the NSW Trustee and Guardian. Guardianship 1. A guardianship order is made for OYD. 2. The Public Guardian is appointed as the guardian. 3. This is a continuing guardianship order for a period of one year from 28 February 2019. 4. This is a limited guardianship order giving the guardian(s) custody of OYD to the extent necessary to carry out the functions below. FUNCTIONS: 5. The guardian has the following function: a) Access To decide what access OYD has to others and the conditions of access. CONDITION: 6. The condition of this order is: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring OYD to an understanding of the issues and to obtain and consider their views before making significant decisions. Catchwords: GUARDIANSHIP – application for a guardianship order – whether subject person is a person in need of a guardian – subject person is of advanced age – cognitive impairment – significant conflict within subject person's close family – need for a guardian to make decisions about access – no private person suitable to be appointed – Public Guardian appointed – order made. FINANCIAL MANAGEMENT – application for a financial management order – subject person executed an enduring power of attorney – evidence of mismanagement of the subject person's funds by the attorney – subject person incapable of managing own financial affairs – conflict within subject person's close family – 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, 25M Cases Cited: CJ v AKJ [2015] NSWSC 498 McD v McD (1983) 3 NSWLR 81 P v NSW Trustee and Guardian [2015] NSWSC 579 P v NSW Trustee and Guardian [2015] NSWSC 579 Re W and L (Parameters of Protected Estate Management Orders) [2014] NSWSC 1106 Texts Cited: None cited. Category: Principal judgment Parties: 001: Financial Management Application