ADW v NSW Trustee and Guardian [2011] NSWADTAP 51

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: ADW v NSW Trustee and Guardian [2011] NSWADTAP 51 Hearing dates: 23 September 2011 Decision date: 23 September 2011 Jurisdiction: Appeal Panel - External Before: Magistrate N Hennessy, Deputy President C Huntsman, Judicial Member Dr B Field, Non-Judicial Member Decision: 1. Leave for ADW to appeal against the merits of the Guardianship Tribunal's decision is refused. 2. The decision of the Guardianship Tribunal in relation to ADW made on 18 March 2011 is affirmed. Catchwords: APPEAL - decision of Guardianship Tribunal to make a guardianship order -no question of law - no reason to grant leave for an appeal against the merits of the Guardianship Tribunal's decision Legislation Cited: Guardianship Act 1989 Category: Principal judgment Parties: ADW (Appellant) NSW Trustee and Guardian (Respondent) ADX (Respondent) AHF (Respondent) Representation: ADW (Appellant - in person) File Number(s): 118006 Publication restriction: S126 of the Administrative Decisions Tribunal Act 1997 applies Decision under appeal Date of Decision: 2011-03-18 00:00:00 File Number(s): File No C/43144 Matter No 2011/60

REASONS FOR DECISION 1ADW is a 59 year old woman who has had schizophrenia from a young age. She receives a disability support pension as well as $100 a week from her elderly father. She lives in a unit previously owned by her mother. ADW's mother died in 2008 leaving her a life interest in the unit, or a substitute property if that property was sold. ADW has debts in the vicinity of $135,000 including a mortgage over the property. The NSW Trustee, who is the executor of her mother's will, wishes to sell the unit to avoid a mortgagee sale. ADW refuses to move, saying that her elderly father is well off and when he dies, she may inherit money which she could use to pay her debts. 2ADW's case manager with her local Community Mental Health Team applied to the Guardianship Tribunal for a guardianship order in relation to ADW. On 18 March 2011, the Guardianship Tribunal made a guardianship order for 12 months and appointed the Public Guardian as ADW's guardian. The Tribunal gave the Public Guardian the function of deciding where ADW should live including a coercive power to remove ADW from her current accommodation and place her in alternative accommodation. ADW has appealed to this Tribunal against that decision. 3At the hearing before this Tribunal on 23 September 2011, ADW was the only active party. After hearing from ADW we gave short oral reasons for dismissing the appeal and affirming the Guardianship Tribunal's decision. ADW has requested written reasons for that decision.