GKC [2022] NSWCATGD 23

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GKC [2022] NSWCATGD 23 Hearing dates: 20 July 2022 Date of orders: 20 July 2022 Decision date: 20 July 2022 Jurisdiction: Guardianship Division Before: S Barnes, Senior Member (Legal) M J Staples, Senior Member (Professional) P J McGirr, General Member (Community) Decision: Guardianship 1. A guardianship order is made for GKC. 2. The Public Guardian is appointed as the guardian. 3. This is a continuing guardianship order for a period of one year from [The date that GKC turns 18]. 4. This is a limited guardianship order giving the guardian(s) custody of GKC to the extent necessary to carry out the functions below. FUNCTIONS: 5. The guardian has the following functions: a) Access To decide what access GKC has to others and the conditions of access. b) Accommodation To decide where GKC may reside. c) Health care To decide what health care GKC may receive. d) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where GKC is not capable of giving a valid consent. e) Services To make decisions about services to be provided to GKC. CONDITIONS: 6. The conditions of this order are: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring GKC to an understanding of the issues and to obtain and consider his views before making significant decisions. 7. Pursuant to s 61 of the Civil and Administrative Tribunal Act 2013 (NSW) this decision takes effect on [The date that GKC turns 18]. Financial Management 1. The estate of GKC is subject to management under the NSW Trustee and Guardian Act 2009 (NSW). 2. The management of the estate of GKC is committed to the NSW Trustee and Guardian. 3. This order be reviewed by the Tribunal within two years. 4. Pursuant to s 61 of the Civil and Administrative Tribunal Act 2013 (NSW) this decision takes effect on [The date that GKC turns 18]. Catchwords: JURISDICTION – where the subject person is under the care of the NSW Minister for Families, Communities and Disability Services – whether jurisdiction affected by orders made by the Children's Court – care orders in effect until the subject person turns 18 – finding that the jurisdiction of the Tribunal is not affected GUARDIANSHIP – application for a guardianship order – whether a guardianship order should be made, and what order should be made – 17-year-old subject person with severe autism spectrum disorder – subject person in out-of-home care – finding that the subject person is partially incapable of managing his person – need for decisions to be made in relation to accommodation, health care, medical and dental consents, services and access – high level of family conflict – proposed guardians not suitable to be appointed – Public Guardian appointed – order made – order to take effect when the subject person turns 18 – s 61 of the Civil and Administrative Tribunal Act – order to be reviewed in 12 months FINANCIAL MANAGEMENT – application for a financial management order – whether subject person is incapable of managing their own affairs – complex funding needs after the subject person turns 18 – subject person in need of support to manage his financial affairs – order made – order to take effect when the subject person turns 18 – proposed financial managers not suitable to be appointed – NSW Trustee and Guardian appointed – order to be reviewed in two years Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW), ss 23(b), 44, 79, 79(1)(b), 79(A), 83 Civil and Administrative Tribunal Act 2013 (NSW), ss 36(1), 51, 55, 61 Guardianship Act 1987 (NSW), ss 3(1)-(2), 3(2)(a)-(d), 4, 8, 9, 9(1)(d), 14(1), 15, 15(3), 16(3), 17, 17(1), 17(1)(a)-(c), 25I(1)(b), 25K, Pt 3 Mental Health Act 2007 (NSW) NSW Trustee and Guardian Act 2009 (NSW) Cases Cited: C S and M Y v the Guardianship Tribunal and the Public Guardian (Supreme Court (NSW), Windeyer J, 29 November 1999, unrep) CJ v AKJ [2015] NSWSC 498 GR v The Department of Communities and Justice [2021] NSWSC 1081 Holt & Anor v Protective Commissioner (1993) 31 NSWLR 227 McD v McD (1983) 3 NSWLR 81 P v D1 & Ors [2011] NSWSC 257 P v NSW Trustee and Guardian [2015] NSWSC 579 and F v NSW Trustee and Guardian [2017] NSWSC 131 P v R [2003] NSWSC 819 PB v BB [2013] NSWSC 1223 Re B [2011] NSWSC 1075 Re D [2012] NSWSC 1006 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