WS v NSW Trustee and Guardian [2011] NSWADT 138

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: WS v NSW Trustee and Guardian [2011] NSWADT 138 Hearing dates: 24 February 2011 Decision date: 08 June 2011 Jurisdiction: General Division Before: S Leal, Judicial Member Decision: 1. The decision of the Public Guardian dated 9 September 2010 providing consent for ADE to accept an offer of permanent residency at Beaumont Terrace Aged Care Facility is varied as follows: The Public Guardian is to make arrangements for ADE to be accommodated in an accredited aged care facility in Queensland which is within close proximity to the residence of WS and which the Public Guardian deems to be suitable for ADE. 2. The decision of the Public Guardian dated 9 September 2010 providing consent for ADE to accept an offer of permanent residency at Beaumont Terrace Aged Care Facility is to lapse only upon the acceptance by the Public Guardian (or its Queensland equivalent) of a permanent placement for ADE in an accredited aged care facility within close proximity to the residence of WS that the Public Guardian (or its Queensland equivalent) deems to be suitable. Catchwords: Catchwords: Public Guardian - Accommodation function - dementia - re-location Legislation Cited: Administrative Decisions Tribunal Act 1997 Guardianship Act 1987 Guardianship Regulation 2005 Category: Principal judgment Parties: Applicant - WS Respondent - NSW Trustee and Guardian Representation: Applicant - in person Respondent - Ms C Phang File Number(s): 103275 Publication restriction: Section 126 of the Administrative Decisions Tribunal Act 1997 applies