KTT [2014] NSWCATGD 6

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: KTT [2014] NSWCATGD 6 Hearing dates: 19 February 2014 Decision date: 19 February 2014 Jurisdiction: Guardianship Division Before: Simpson J, Senior Member (Legal) West C, Senior Member (Professional) Fraser J, General Member (Community) Decision: Application for guardianship order dismissed. Catchwords: GUARDIANSHIP - application for guardianship order - young person aged under 18 years - need for an order - person responsible available and willing to act - National Disability Insurance Scheme nominee provisions - principle of least restriction. Legislation Cited: Guardianship Act 1987 (NSW) Category: Principal judgment Parties: Mr KTT Mrs LBU (Applicant) The Public Guardian File Number(s): 55190 Publication restriction: Decisions of the Guardianship Division of the Civil and Administrative Tribunal have been anonymised to remove any information that may identify any person involved in the Tribunal's proceedings (s 65, Civil and Administrative Tribunal Act 2013 (NSW)).

reasons for decision

Background 1Mr KTT lives in a group home at the North Coast run by Service Provider A. He turned 18 on 23 December 2013. Mr KTT has autism spectrum disorder and an intellectual disability. Until mid-2013, Mr KTT was living with his mother Mrs LBU. However, his behaviour had become extremely challenging and Mr KTT then spent a period with Service Provider B before moving into the current service later in the year. This was with funding under the National Disability Insurance Scheme (NDIS). Mrs LBU had a range of concerns about decisions that had occurred and the process for them in the later part of 2013 and applied for a guardianship order. She was keen to be appointed as her son's guardian.