LXN [2024] NSWCATGD 13

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: LXN [2024] NSWCATGD 13 Hearing dates: 6 August 2024 Date of orders: 6 August 2024 Decision date: 06 August 2024 Jurisdiction: Guardianship Division Before: J D'Arcy, Senior Member (Legal) Dr B McPhee, Senior Member (Professional) D R Sword, General Member (Community) Decision: Guardianship 1. A guardianship order is made for LXN. 2. The Public Guardian is appointed as the guardian. 3. This is a continuing guardianship order for a period of 12 months from 6 August 2024. 4. This is a limited guardianship order giving the guardian custody of LXN to the extent necessary to carry out the functions below. FUNCTIONS: 5. The guardian has the following functions: a) Accommodation To decide where LXN may reside. b) The guardian may authorise others including members of NSW Police and the Ambulance Service of NSW to: i) take LXN to a place approved by the guardian. ii) keep her at that place. iii) return her to that place should she leave it. c) Health care To decide what health care LXN may receive. d) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where LXN is not capable of giving a valid consent. e) Services To make decisions about services to be provided to LXN. f) Legal services To make decisions for LXN in relation to access to legal services. g) Travel To make decisions about whether or not LXN can travel to any place outside Australia. h) Passport To make a decision about whether or not the passport of LXN should be surrendered to the guardian or some other authority the guardian nominates pending a decision by the guardian concerning travel. i) Visa To make a decision about LXN's visa status. CONDITION: 6. The condition of this order is: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring LXN to an understanding of the issues and to obtain and consider her views before making significant decisions. Financial Management 1. The estate of LXN is subject to management under the NSW Trustee and Guardian Act 2009 (NSW). 2. The management of the estate of LXN 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 is a citizen of another country – holder of a temporary visa – subject person resides at a safe house – reports of trafficking, exploitation and abuse – no access to support services – need for decisions to be made about the subject person's safe return to Cambodia – visa, travel and passport functions – no private person suitable to be appointed – Public Guardian appointed – order made FINANCIAL MANAGEMENT – application for a financial management order – subject person with an intellectual disability – incapable of managing financial affairs – best interests are served by the appointment of a financial manager – no private financial manager proposed - NSW Trustee and Guardian appointed – order made Legislation Cited: Guardianship Act 1987, ss 3(1)-(2), 4, 14, 14(2), 25M Cases Cited: IF v IG [2004] NSWADTAP 3 Texts Cited: None cited. Category: Principal judgment Parties: 001: Guardianship Application