SXD [2023] NSWCATGD 17

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: SXD [2023] NSWCATGD 17 Hearing dates: 22 September 2023 Date of orders: 22 September 2023 Decision date: 22 September 2023 Jurisdiction: Guardianship Division Before: S Pinto, Senior Member (Legal) Dr C M West, Senior Member (Professional) J V Le Breton, General Member (Community) Decision: Guardianship 1. A guardianship order is made for SXD. 2. The Public Guardian is appointed as the guardian. 3. This is a continuing guardianship order for a period of 12 months from 22 September 2023. 4. This is a limited guardianship order giving the guardian(s) custody of SXD to the extent necessary to carry out the functions below. FUNCTIONS: 5. The guardian has the following functions: a) Accommodation To decide where SXD may reside. b) Health care To decide what health care SXD may receive. c) Services To make decisions about services to be provided to SXD. CONDITION: 6. The condition of this order is: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring SXD to an understanding of the issues and to obtain and consider his views before making significant decisions. Financial Management The Financial Management order for SXD made on 21 April 2023 has been reviewed. The order now is as follows: 1. The estate of SXD is subject to management under the NSW Trustee and Guardian Act 2009 (NSW). 2. The management of the estate of SXD is committed to the NSW Trustee and Guardian. Catchwords: GUARDIANSHIP – application for a guardianship order – whether a guardianship order should be made – subject person with an intellectual disability – subject person wishes to return to work with a disability service employer – need for application to be made to join the NDIS – need for decisions to be made in relation to accommodation, health care, and services – no private person available to be appointed – Public Guardian appointed – order made FINANCIAL MANAGEMENT – review of reviewable financial management order – subject person not capable of managing their own affairs – subject person a victim of financial fraud and exploitation – significant depletion of estate after financial management order was made appointing the NSW Trustee and Guardian – need for urgent investigations into alleged misappropriation of funds – no private person available to be appointed – NSW Trustee and Guardian reappointed – order made Legislation Cited: Guardianship Act 1987 (NSW) (the Act), ss 3(1)-(2), 4, 14(1)-(2), 17(1), 25N, 25P Mental Health Act 2007 (NSW) Cases Cited: None cited. Texts Cited: None cited. Category: Principal judgment Parties: 002: Guardianship Application