QKJ [2021] NSWCATGD 36

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: QKJ [2021] NSWCATGD 36 Hearing dates: 23 July 2021 Date of orders: 23 July 2021 Decision date: 23 July 2021 Jurisdiction: Guardianship Division Before: S Pinto, Senior Member (Legal) Dr C M West, Senior Member (Professional) P Davidson, General Member (Community) Decision: QKJ and KYJ are allowed to be legally represented by Mr Tim Cain, CKMLAW. On the application by Tim Cain, today's hearing is adjourned to a day to be confirmed by the registry to enable QKJ and KYJ to obtain the documents provided to the Tribunal and instruct Mr Cain. Catchwords: REVIEW OF ENDURING GUARDIANSHIP – application to review an enduring guardianship appointment – principal is of advanced aged – principal diagnosed with dementia – multiple hospital admissions – discharged from hospital against medical advice – high falls risk – recommendation that the principal be admitted to an aged care facility – enduring guardian wishes for principal to remain living at home despite high care needs and serious risk of physical injury. INTERLOCUTORY – leave granted for legal representation – adjournment – procedural fairness – legal representative recently instructed – opportunity to consider submissions – hearing adjourned. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 36(1), 38(5)-(6), 45(1)(a)-(b), 45(2), 51 Civil and Administrative Tribunal Rules 2014 (NSW), r 31(2) Guardianship Act 1987 (NSW), s 4 Cases Cited: None cited. Texts Cited: None cited. Category: Principal judgment Parties: 001: Review of an Enduring Guardianship Appointment