UZK [2023] NSWCATGD 13

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: UZK [2023] NSWCATGD 13 Hearing dates: 7 June 2023 Date of orders: 7 June 2023 Decision date: 07 June 2023 Jurisdiction: Guardianship Division Before: R L Bailey, Senior Member (Legal) Dr F Duffy, Senior Member (Professional) K Clark, General Member (Community) Decision: Guardianship 1. A guardianship order is made for UZK. 2. BFN, of [Address removed for publication.], is appointed as the guardian. 3. This is a continuing guardianship order for a period of two years from 7 June 2023. 4. This is a limited guardianship order giving the guardian(s) custody of UZK to the extent necessary to carry out the functions below. FUNCTIONS: 5. The guardian has the following functions: a) Accommodation To decide where UZK may reside. b) Health care To decide what health care UZK may receive. c) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where UZK is not capable of giving a valid consent. d) Services To make decisions about services to be provided to UZK. e) Legal services To make decisions for UZK in relation to access to legal services. f) Travel To make decisions about whether or not UZK can travel to any place outside Australia. g) Passport To make a decision about whether or not the passport of UZK should be surrendered to the guardian or some other authority the guardian nominates pending a decision by the guardian concerning travel. CONDITION: 6. The condition of this order is: a) Standard Condition In exercising this role, the guardian shall take all reasonable steps to bring UZK to an understanding of the issues and to obtain and consider her views before making significant decisions. Financial Management 1. The estate of UZK is subject to management under the NSW Trustee and Guardian Act 2009 (NSW). 2. BFN, of [Address removed for publication.], is appointed as the financial manager of the estate. NOTE: The financial manager is not authorised to deal with the estate (other than to protect the assets) until he/she has obtained all necessary authorities from the NSW Trustee and Guardian. Catchwords: GUARDIANSHIP – application for a guardianship order – whether a guardianship order should be made – 18-year-old subject person – NDIS participant – subject person previously under the care of the Minister for Communities and Justice until she turned 18 – subject person lives with former foster parents – history of coercion and exploitation by employer – need for decisions to be made about legal services to bring victims of crime compensation claim – need for decisions to be made about accommodation, health care, medical and dental consent, and services – need for decisions to be made in relation to passport and travel – private person suitable to be appointed – order made FINANCIAL MANAGEMENT – application for a financial management order – whether subject person is incapable of managing their own affairs – loss of significant sums of money – vulnerability to exploitation and financial harm – need for a financial manager to retrieve assets and protect the subject person from future exploitation – private person suitable to be appointed – private financial manager appointed – order made Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14, 14(2), 15(3), 17(1), 25M Cases Cited: Application by AMAM; Re SAM [2011] NSWSC 503 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 Holt & Anor v Protective Commissioner (1993) 31 NSWLR 227 M v M [2013] NSWSC 1495 McD v McD (1983) 3 NSWLR 81 P v D1 & Ors [2011] NSWSC 257 P v NSW Trustee and Guardian [2015] NSWSC 579 Re B [2011] NSWSC 1075 Re W and L (Parameters of Protected Estate Management Orders) [2014] NSWSC 1106 Texts Cited: None cited. Category: Principal judgment Parties: 001: Guardianship Application