AGI v Commission for Children and Young People [2012] NSWADT 31

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: AGI v Commission for Children and Young People [2012] NSWADT 31 Hearing dates: 14 November 2011 and 12 December 2011 Decision date: 01 March 2012 Jurisdiction: General Division Before: L. Goodchild, Judicial Member Decision: The decision of the NSW Trustee and Guardian dated 4 August 2011 is affirmed. Catchwords: Review of decision of NSW Trustee and Guardian Legislation Cited: Administrative Decision Tribunal Act 1997 Category: Principal judgment Parties: AGI (Applicant) The NSW Trustee & Guardian (Respondent) AGK (2nd respondent) AGL (3rd respondent) Representation: Applicant (In person) Ms Phung (Respondent) File Number(s): 113286

REASONS FOR DECISION

INTRODUCTION 1 Mrs AA, an elderly woman in her 96th year, currently resides in a nursing home facility in Bathurst. She moved to this facility in February 2007. Prior to moving to this facility she had been residing in her own home in Bathurst ("the property"). Her son GK was residing with her in her home. GK had been residing with his mother in the property since the early 1990's. Since his mother's move to the nursing home, GK has remained living in the property. 2 Mrs AA has five children by her first marriage. GK, (to whom I have referred above), GR, (a daughter, who lives near Bathurst), AGI (a son, the applicant in these proceedings), MK (a daughter) and RK (a son). AGI, MK and RK live some distance from Bathurst. 3 In February of 2007, Mrs AA had signed an appointment of enduring guardian, appointing GK and GR jointly and severally. 4 By order dated 2 October 2008 the Guardianship Tribunal ordered that the Estate of Mrs AA be subject to management under the provisions of the Protected Estates Act 1983 (now repealed). On that date the Guardianship Tribunal dismissed an application for a guardianship order. 5 By order dated 19 January 2010, after review of the appointment of enduring guardian, the Guardianship Tribunal confirmed the appointment without variation.