QZH [2023] NSWCATGD 21

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: QZH [2023] NSWCATGD 21 Hearing dates: 4 October 2023 Date of orders: 25 October 2023 Decision date: 25 October 2023 Jurisdiction: Guardianship Division Before: A R Boxall, Senior Member (Legal) Dr I L Beale, Senior Member (Professional) F N Given, General Member (Community) Decision: 001: Financial Management Application 1. The estate of QZH is subject to management under the NSW Trustee and Guardian Act 2009 (NSW). 2. The management of the estate of QZH is committed to the NSW Trustee and Guardian. 002: Guardianship Application 1. A guardianship order is made for QZH. 2. The Public Guardian is appointed as the guardian. 3. This is a continuing guardianship order for a period of 12 months from 25 October 2023. 4. This is a limited guardianship order giving the guardian(s) custody of QZH to the extent necessary to carry out the functions below. FUNCTIONS: 5. The guardian has the following functions: a) Accommodation To decide where QZH may reside. b) Health care To decide what health care QZH may receive. c) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where QZH is not capable of giving a valid consent. d) Services To make decisions about services to be provided to QZH. CONDITION: 6. The condition of this order is: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring QZH to an understanding of the issues and to obtain and consider his views before making significant decisions. Catchwords: GUARDIANSHIP – application for a guardianship order – whether a guardianship order should be made – subject person diagnosed with dementia – existing appointment of enduring guardianship not working in the subject person's best interests – need for a guardian to make decisions about accommodation, services, health care, and consent to medical and dental treatment – proposed guardians not suitable to be appointed – Public Guardian appointed – order made FINANCIAL MANAGEMENT – application for a financial management order – subject person incapable of managing their own affairs – existing appointment of enduring attorney – attorney obtained financial benefit with no authority – need for the appointment of an independent financial manager – NSW Trustee and Guardian appointed – order made Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 36 Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14, 14(2), 25M Powers of Attorney Act 2003 (NSW), s 12 Powers of Attorney Regulations 2016 (NSW) Cases Cited: IF v IG [2004] NSWADTAP 3 Texts Cited: None cited. Category: Principal judgment Parties: 001: Financial Management Application