DXM [2022] NSWCATGD 17

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DXM [2022] NSWCATGD 17 Hearing dates: 20 May 2022 Date of orders: 20 May 2022 Decision date: 20 May 2022 Jurisdiction: Guardianship Division Before: R H Booby, Senior Member (Legal) Dr M J Wroth, Senior Member (Professional) L Stewart, General Member (Community) Decision: Review of Guardianship The guardianship order for DXM made on 27 April 2022 has been reviewed. The order now is as follows: 1. The Public Guardian is appointed as the guardian. 2. This is a continuing guardianship order for a period of 12 months from 20 May 2022. 3. This is a limited guardianship order giving the guardian(s) custody of DXM to the extent necessary to carry out the functions below. FUNCTIONS: 4. The guardian has the following functions: a) Accommodation To decide where DXM may reside. b) Health care To decide what health care DXM may receive. c) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where DXM is not capable of giving a valid consent. d) Services To make decisions about services to be provided to DXM. CONDITION: 5. The condition of this order is: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring DXM to an understanding of the issues and to obtain and consider his views before making significant decisions. Financial Management Application 1. The estate of DXM is subject to management under the NSW Trustee and Guardian Act 2009 (NSW). 2. The management of the estate of DXM is committed to the NSW Trustee and Guardian. Catchwords: GUARDIANSHIP – end-of-term review of a guardianship order – subject person with cerebral palsy and visual impairment – subject person an in-patient at a public hospital – awaiting discharge into supported independent living placement – need for revision to NDIS plan – need for accommodation, healthcare and services decisions – need for medical and dental consent decisions – conflict within subject person's close family – no private person suitable to be appointed – Public Guardian appointed – order made. FINANCIAL MANAGEMENT – application for a financial management order – whether subject person is incapable of managing their affairs – family conflict – no private person suitable to be appointed – need for an independent and objective financial manager – maintenance of family relationships – NSW Trustee and Guardian appointed – order made. Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 3D, 4, 14, 14(2), 15(3), 17(1), 25M, 33A(4), 36 Cases Cited: C S and M Y v the Guardianship Tribunal and the Public Guardian (Supreme Court (NSW), Windeyer J, 29 November 1999, unrep) Holt & Anor v Protective Commissioner (1993) 31 NSWLR 227 IF v IG [2004] NSWADTAP 3 In P v NSW Trustee and Guardian [2015] NSWSC 579 P v D1 & Ors [2011] NSWSC 257 P v NSW Trustee and Guardian [2015] NSWSC 579 Re B [2011] NSWSC 1075 Texts Cited: None cited. Category: Principal judgment Parties: 003: Financial Management Application