MGC [2023] NSWCATGD 12

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: MGC [2023] NSWCATGD 12 Hearing dates: 3 May 2023 Date of orders: 3 May 2023 Decision date: 03 May 2023 Jurisdiction: Guardianship Division Before: S Barnes, Senior Member (Legal) M Ellensohn, Senior Member (Professional) F N Given, General Member (Community) Decision: Guardianship 1. A guardianship order is made for MGC. 2. The Public Guardian is appointed as the guardian. 3. This is a continuing guardianship order for a period of six months from 3 May 2023. 4. This is a limited guardianship order giving the guardian(s) custody of MGC to the extent necessary to carry out the functions below. FUNCTIONS: 5. The guardian has the following functions: a) Accommodation To decide where MGC may reside. b) Health care To decide what health care MGC may receive. c) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where MGC is not capable of giving a valid consent. d) Services To make decisions about services to be provided to MGC. CONDITION: 6. The condition of this order is: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring MGC to an understanding of the issues and to obtain and consider her views before making significant decisions. Financial Management Today's hearing of NZT's financial management application is adjourned to a day to be confirmed by the registry. Catchwords: GUARDIANSHIP – application for a guardianship order – whether a guardianship order should be made – 52-year-old subject person with intellectual and physical disabilities – subject person a long-term resident in an aged care facility – NDIS participant – limited contact with family members – concerns about high level of neglect – reported use of psychotropic medication by the aged care facility without informed consent – need for accommodation decisions – need for decisions to be made about NDIS funded services – need for decisions in relation to medical and dental consent – proposed private guardian not suitable to be appointed – Public Guardian appointed – order made FINANCIAL MANAGEMENT – application for a financial management order – consideration of sections 36 and 38 of the Civil and Administrative Tribunal Act 2013 – consideration of s 4 of the Guardianship Act 1987 – hearing adjourned Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 36(1), 38(5)-(6), 51 Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14(1)-(2), 15(3), 17, 17(1)(a)-(c) Cases Cited: C S and M Y v the Guardianship Tribunal and the Public Guardian (Supreme Court (NSW), Windeyer J, 29 November 1999, unrep) P v D1 & Ors [2011] NSWSC 257 Re B [2011] NSWSC 1075 Texts Cited: None cited. Category: Principal judgment Parties: 001: Guardianship Application