AMG v NSW Trustee and Guardian [2012] NSWADT 254

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: AMG v NSW Trustee and Guardian [2012] NSWADT 254 Hearing dates: 30 November 2012 Decision date: 04 December 2012 Jurisdiction: General Division Before: Magistrate N Hennessy, Deputy President Decision: The decision of the NSW Trustee and Guardian to sell AMG's property is affirmed. Catchwords: MERITS REVIEW - decision to sell house - applicant in nursing home and debts accumulating - negligible possibility of returning home to live independently - correct decision to sell house Legislation Cited: Administrative Decisions Tribunal Act 1997 Category: Principal judgment Parties: AMG (Applicant) NSW Trustee and Guardian (Respondent) Representation: A Savva, (Agent for AMG) Ms R Stormont (solicitor for Respondent) File Number(s): 123304 Publication restriction: S126 of the Administrative Decisions Tribunal Act applies

REASONS FOR DECISION

Introduction 1Ms Savva, AMG's agent and former neighbour, has asked the Tribunal to review a decision of the NSW Trustee and Guardian to sell AMG's house. AMG is living in an aged care facility but says she is being held against her will and wants to return home. According to the NSW Trustee and Guardian, AMG has schizophrenia and is unable to live independently at home. She also has substantial debts to the aged care facility. During the hearing, which AMG was not able to attend, I explored options other than selling the house. Unfortunately, there is no realistic alternative and I have affirmed the NSW Trustee's decision. One effect of my decision is that the Tribunal's previous order staying the decision to sell the property is no longer in place.