NGC [2023] NSWCATGD 7

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NGC [2023] NSWCATGD 7 Hearing dates: 9 May 2023 Date of orders: 9 May 2023 Decision date: 09 May 2023 Jurisdiction: Guardianship Division Before: M Ryan, Senior Member (Legal) Dr K Eggleton, Senior Member (Professional) Dr M A Smith OAM, General Member (Community) Decision: GUARDIANSHIP: 1. A guardianship order is made for NGC. 2. FZC, of [Address removed for publication.], is appointed as the guardian. 3. This is a continuing guardianship order for a period of two years from 9 May 2023. 4. This is a limited guardianship order giving the guardian(s) custody of NGC to the extent necessary to carry out the functions below. FUNCTIONS: 5. The guardian has the following functions: a) Advocacy To advocate generally for NGC. b) Accommodation To decide where NGC may reside. c) Health care To decide what health care NGC may receive. d) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where NGC is not capable of giving a valid consent. e) Services To make decisions about services to be provided to NGC. f) Legal services To make decisions for NGC in relation to access to legal services. CONDITION: 6. The condition of this order is: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring NGC to an understanding of the issues and to obtain and consider his views before making significant decisions. REVIEW OF FINANCIAL MANGEMENT APPOINTMENT: The Financial management order for NGC made on 26 July 2016 has been reviewed and is confirmed. Catchwords: GUARDIANSHIP – application for a guardianship order – whether a guardianship order should be made – 37-year-old aboriginal man – subject person with a cognitive impairment and brain injury as a result of a motor vehicle accident– subject person requires 24-hour care – participant in the iCare-Lifetime Care and Support Scheme – accommodation arranged by the NSW Trustee and Guardian not suitable – need for decisions to be made about long-term accommodation – need for advocacy and legal services decisions – need for decisions to be made in relation to health care, services, and medical and dental consent – private guardian appointed – order made FINANCIAL MANAGEMENT – requested review of financial management order – application made on the basis that the current financial management order is unworkable – lack of collaboration by the NSW Trustee and Guardian – cultural insensitivity – whether appointment of the NSW Trustee and Guardian should be revoked – finding that the appointment cannot be revoked as there is no private manager nominated – appointment of NSW Trustee and Guardian confirmed – order made Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14, 14(2), 15(3), 17(1), 25M Cases Cited: C S and M Y v the Guardianship Tribunal and the Public Guardian (Supreme Court (NSW), Windeyer J, 29 November 1999, unrep IF v IG [2004] NSWADTAP 3 P v D1 & Ors [2011] NSWSC 257 Re B [2011] NSWSC 1075 W v G [2003] NSWSC 1170 Texts Cited: None cited. Category: Principal judgment Parties: 005: Guardianship Application