NXN [2023] NSWCATGD 10

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NXN [2023] NSWCATGD 10 Hearing dates: 26 April 2023 Date of orders: 26 April 2023 Decision date: 26 April 2023 Jurisdiction: Guardianship Division Before: J Moir, Senior Member (Legal) Dr K Djekovic, Senior Member (Professional) D R Sword, General Member (Community) Decision: The guardianship order for NXN made on 15 March 2023 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 11 months from 26 April 2023. 3. This is a limited guardianship order giving the guardian custody of NXN to the extent necessary to carry out the functions below. FUNCTIONS: 4. The guardian has the following functions: a) Access To decide what access NXN has to others and the conditions of access. b) Accommodation To decide where NXN may reside. c) The guardian may authorise others including members of NSW Police and the Ambulance Service of NSW to: (i) take NXN to a place approved by the guardian. (ii) keep her at that place. (iii) return her to that place should she leave it. d) Health care To decide what health care NXN may receive. e) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where NXN is not capable of giving a valid consent. f) Services To make decisions about services to be provided to NXN. g) Restrictive Practices To give or withhold consent as to whether the following restrictive practice should be used to influence NXN's behaviour: Environmental restraint CONDITIONS: 5. The conditions of this order are: a) Standard Condition In exercising this role, the guardian shall take all reasonable steps to bring NXN to an understanding of the issues and to obtain and consider her views before making significant decisions. b) NDIS Restrictive Practices Condition The guardian may only consent to the use of the types of restrictive practices permitted under this order to influence NXN's behaviour: (i) as a last resort to prevent NXN harming herself or others; and (ii) in accordance with a behaviour support plan which has been developed by a behaviour support practitioner after having conducted a functional behavioural assessment upon NXN, and which is reviewed regularly (and no less than every 12 months) and/or reviewed as soon as practicable if there is a change in circumstances which requires the plan to be amended. Financial Management 1. The estate of NXN is subject to management under the NSW Trustee and Guardian Act 2009 (NSW). 2. The management of the estate of NXN is committed to the NSW Trustee and Guardian. 3. This order be reviewed by the Tribunal within 11 months. Catchwords: GUARDIANSHIP – requested review of a guardianship order – whether guardianship order should be varied – 18-year-old subject person – subject person an in-patient in a public hospital – subject person reportedly suffering from severe, chronic and life-threatening malnutrition and severe neglect – NDIS participant – subject person previously under the care of the Minister for Communities and Justice until she turned 18 – need for function to authorise others to give effect to accommodation decisions – need for restrictive practices function – environmental restraint – order varied FINANCIAL MANAGEMENT – application for a financial management order – whether subject person is incapable of managing their own affairs – subject person has limited experience in managing financial matters – subject person is vulnerable to influence – subject person has a high level of dependence on her mother – need for an independent financial manager – NSW Trustee and Guardian appointed Legislation Cited: Guardianship Act 1987 (NSW), ss 4, 14(2), 25M Cases Cited: Holt & Anor v Protective Commissioner (1993) 31 NSWLR 227 P v NSW Trustee and Guardian [2015] NSWSC 579 Texts Cited: None cited. Category: Principal judgment Parties: 003: Financial Management Application