BFJ & BFK v Public Guardian [2014] NSWCATAD 141

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BFJ & BFK v Public Guardian [2014] NSWCATAD 141 Hearing dates: 24 June 2014 Decision date: 16 September 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: A Scahill, Senior Member Decision: Decision of Public Guardian affirmed Legislation Cited: Civil and Administrative Tribunal Act 2013 Guardianship Act 1987 Guardianship Regulations 2005 Cases Cited: Drake v Minister of Immigration and Ethnic Affairs (1970) 2 ALD 60 at 77 PZ v NSW Trustee and Guardian [2011] NSWADT 48 Category: Principal judgment Parties: BFJ and BFK - Applicants DAB and DAC - Second Applicants The Public Guardian -Respondent Representation: H Bennett ( Applicants BFJ and BFK) G Moore (Respondent) Esplins Solicitors (Applicants BFJ and BFK) DAB and DAC (Applicants in person) Crown Solicitor's Office (Respondent) File Number(s): 1410095 Publication restriction: S64 Civil and Administrative Tribunal Act applies.

reasons for decision

Introduction 1Mrs CFA is a 95-year-old woman of Italian heritage. She is widowed. She has four adult children. On 30th March 2012 the Guardianship Tribunal appointed the Public Guardian and Trustee to make decisions on her behalf in relation to access, accommodation, health care, medical and dental consents and services. 2On the 7th of March 2014 the Public Guardian determined that CFA should reside permanently in a nursing home. The amended application before the tribunal is the amended application by BFJ and BFK her daughter and her son to review the decision to place CFA in a nursing home permanently. 3The amended application seeks that CFA return to her home to live. A lift would be installed to enable CFA to enter and exit her home. The amended application also proposes alternatives such as a temporary stair climbing device or accommodation with her daughter BFJ while a lift is constructed.