Geoff (a pseudonym) [2024] NSWCATGD 19

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Geoff (a pseudonym) [2024] NSWCATGD 19 Hearing dates: 29 November 2024 Date of orders: 29 November 2024 Decision date: 29 November 2024 Jurisdiction: Guardianship Division Before: A Britton, Deputy President Associate Professor M C N Cigolini, Senior Member (Professional) P A Rutledge AM, General Member (Community) Decision: Guardianship 1. A guardianship order is made for Geoff. 2. Lisa, of [address removed for publication], is appointed as the guardian. 3. This is a continuing guardianship order for a period of 12 months from 29 November 2024. 4. This is a limited guardianship order giving the guardian(s) custody of Geoff to the extent necessary to carry out the functions below. FUNCTIONS: 5. The guardian has the following functions: a) Accommodation To decide where Geoff may reside. b) The guardian may authorise others including members of NSW Police and the Ambulance Service of NSW to: i) take Geoff to a place approved by the guardian. ii) keep him at that place. iii) return him to that place should he leave it. c) Health care To decide what health care Geoff may receive. d) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where Geoff is not capable of giving a valid consent. e) Services To make decisions about services to be provided to Geoff. CONDITION: 6. The condition of this order is: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring Geoff to an understanding of the issues and to obtain and consider his views before making significant decisions. Financial Management 1. The estate of Geoff is subject to management under the NSW Trustee and Guardian Act 2009 (NSW). 2. Lisa, 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 – 87-year-old subject person in hospital awaiting discharge – subject person assessed to be a hoarder – application for a guardianship order – consideration of adjournment – subject person opposed to the making of a guardianship order – consideration of whether separated partner constituted a spouse for the purposes of s 14(2)(a)(ii) of the Guardianship Act 1987 (NSW) – whether relationship is close and continuing – concern that subject person will resist accommodation decisions made upon discharge from hospital – authorise others function granted – private guardian appointed – order made FINANCIAL MANAGEMENT – application for a financial management order – whether subject person is capable of managing their own affairs – allegations of financial exploitation and vulnerability – subject person unable to manage his own finances – private manager appointed – order made Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14(2), 14(2)(a)(ii), 17(1), 17(1)(c), 25G, 25G(a) Cases Cited: P v NSW Trustee and Guardian [2015] NSWSC 579 ZKF v ZKG [2019] NSWCATAP 64 Category: Principal judgment Parties: 001: Guardianship Application