PZ -v- NSW Trustee and Guardian [2014] NSWCATAD 91

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: PZ -v- NSW Trustee and Guardian [2014] NSWCATAD 91 Decision date: 23 April 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: Hon G Mullane, Senior member Decision: 1. The Application of PZ is refused and dismissed. Catchwords: NSW Trustee & Guardian appointed to manage Estate of PZ's father - refusal of NSW Trustee & Guardian to invest funds of father in the purchase of a residential property for father and PZ to occupy. Application by PZ for review of decision - decision confirmed. Legislation Cited: NSW Trustee and Guardianship Act 2009 Civil & Administrative Tribunal Act 2013 Administrative Decisions Review Act, 1997 Aged Care Act (C'th), 1997 Category: Principal judgment Parties: PZ (Applicant ) NSW TRUSTEE & GUARDIAN (Respondent ) Representation: Beazley Singleton Lawyers (Applicant) Ms J C Brouwer (Respondent) File Number(s): 1410134 Publication restriction: S64 Civil and Administrative Tribunal Act 2013, no details identifying applicant, her father or her brother to be published

reasons for decision

INTRODUCTION 1On 31 July 2009 the Guardianship Tribunal made an order appointing the NSW Trustee & Guardian as financial manager for the Applicant's father. The Applicant had a Power of Attorney from her father. The application for the appointment was made by her brother. At that time the father was suffering from vascular dementia causing cognitive problems, particularly with memory and money-handling skills, which were "of sufficient severity to warrant the need for a guardian to be appointed to manage his financial affairs." 2At the time, the father was 86 years of age and had a prior history of strokes. He had been residing at Vaucluse with his son. PZ wanted the father to live with her at Bilpin in rented premises and her brother wanted to have the father to continue living with him. There was serious conflict between PZ and her brother. The brother made allegations that PZ had forged her father's signature on documents and had stolen items from her father's home, including items belonging to her brother. He also alleged that the father did not have the capacity to appoint PZ as his attorney in December 2008, because he had already been diagnosed with dementia. 3PZ also made allegations about him alleging impropriety by her brother. She alleged he had misappropriated rent from a property owned by the father over a period of 3 years. 4PZ in 2013 made an application to the NSW Trustee & Guardian for funds of the father to be made available for the purchase of a real estate property for her father and herself to live in. On 11 October 2013 the NSW Trustee & Guardian refused the request. By that time, the father was 90 years and 5 months of age. The median life expectancy of a 90 year old is another 5 years. 5At the request of PZ an internal review of the decision was conducted. The review decision was given on 6 February 2014 and confirmed the refusal. 6The applicant on 18 March 2014 filed her application with the Tribunal for the Tribunal to review the decision of the NSW Trustee & Guardian.