OM v Public Guardian [2010] NSWADT 137

CITATION: OM v Public Guardian [2010] NSWADT 137

DIVISION: General Division

Applicant: OM PARTIES: Respondent: Public Guardian

FILE NUMBER: 093173

HEARING DATES: 16 October 2009

SUBMISSIONS CLOSED: 30 November 2009

DATE OF DECISION: 8 June 2010

BEFORE: Leal S - Judicial Member

CATCHWORDS: Public Guardian – Accommodation function – dementia

Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Guardianship Act 1987 Guardianship Regulation 2005

Applicant Representative: Ms E Clifton REPRESENTATION: Respondent Representative: Ms C Phang

ORDERS: The decision of the Public Guardian that QI be accommodated at Woy Woy Community Aged Care in Woy Woy and not at the Salvin Blue Care Facility in Queensland is set aside. In substitution for that decision, a decision is made that QI continue to reside at Waratah Nursing Home, Acacia Centre, Marrickville.

Introduction

1 QI is an 80 year old woman currently residing in Waratah Nursing Home in Marrickville.

2 In a Guardianship Order dated 23 June 2008, the Public Guardian was given the authority to make decisions on behalf of QI in relation to the functions of access, accommodation, health care and medical and dental consents. The Guardianship Order was confirmed on 17 July 2009.

3 On 23 June 2008, the Guardianship Tribunal appointed Mrs Valerie Campbell, cousin of QI, as manager of QI's estate. This order was reviewed at the request of Ms Robyn Lewis and Mrs Betsy Colvin, who sought the replacement of Mrs Campbell with the then Protective Commissioner (now the NSW Trustee). On 23 January 2009, the Guardianship Tribunal confirmed its earlier order to appoint Mrs Campbell as financial manager for QI.