FPW v Public Guardian [2023] NSWCATAD 225

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FPW v Public Guardian [2023] NSWCATAD 225 Hearing dates: 6 April 2023 Date of orders: 23 August 2023 Decision date: 23 August 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: C Mulvey, Senior Member Decision: The decision under review is affirmed. Catchwords: ADMINISTRATIVE REVIEW – correct and preferable decision – s4 Guardianship Act principles – welfare and interest of subject person – decision to place subject person into aged care Legislation Cited: Administrative Decisions Review Act 1997 Guardianship Act 1987 Cases Cited: McDonald v Guardianship Administration Board [1993] 1 VR 521 Texts Cited: None Cited Category: Principal judgment Parties: FPW (Applicant) Public Guardian (Respondent) Representation: Solicitors: FPW (Applicant) Mr Griffiths (Respondent) File Number(s): 2022/00343737 Publication restriction: The publication or broadcast of the name of the Applicant and his mother is prohibited pursuant to s64(1)(a) of the Civil and Administrative Act 2013 (NCAT Act).

REASONS FOR DECISION 1. The following reasons for decision relate to an application filed by FPW on 11 November 2022. FPW is a pseudonym used pursuant to an order made on 20 December 2022 under 64(1)(a) of the Civil and Administrative Act 2013 (NCAT Act). FPW is the son and only child of a person under guardianship (the Person), an 83 year old woman who resides in an aged care facility in Sydney. Prior to admission to aged care on 10 November 2020, the Person resided with FPW in her home. FPW continues to reside in the home. 2. The person has been diagnosed with advanced dementia and requires support for all activities of daily living. 3. The hearing was conducted partly by audio visual link (AVL) and in-person. The Public Guardian was represented by Mr J Griffiths who appeared by AVL. FPW appeared in person.