OFN [2014] NSWCATGD 31

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: OFN [2014] NSWCATGD 31 Hearing dates: 22 August 2014 Decision date: 22 September 2014 Jurisdiction: Guardianship Division Before: Simpson J, Senior Member (Legal) Rayner R, Senior Member (Professional) Newman J, General Member (Community) Decision: Guardianship order suspended; further review ordered. Catchwords: GUARDIANSHIP - application to review guardianship order - coercive orders - enduring guardianship appointment made - suspension of guardianship order to allow enduring guardians to act. Legislation Cited: Guardianship Act 1987 (NSW) Category: Principal judgment Parties: Mrs OFN (subject person) Mrs KME (guardian) Ms BHN (guardian) Mr HAN (spouse) File Number(s): 55622 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

What the Tribunal decided 1The Tribunal suspended the guardianship order in relation to Mrs OFN and decided to conduct a further review of the order at the end of October 2014.

Background 2Mrs OFN is a 78-year old woman who appeared to need permanent placement in an aged care facility. In April 2014, the Tribunal appointed Mrs OFN's two daughters, Mrs KME and Ms BHN, as joint guardians to make decisions about Mrs OFN's accommodation including a coercive capacity. The two daughters were already identified as guardians under an appointment of enduring guardian made in January 2014 but this did not cover any coercive capacity. 3Mrs OFN's husband is Mr HAN who lives on a property outside Regional NSW. 4Dr Z, psychiatrist of old age, had assessed Mrs OFN in March 2014 following a major change in her behaviour, personality and cognition. She showed features consistent with hypermania which Dr Z saw as due to her brain pathology. She had mild memory impairment, elevated mood, grand plans and confabulatory delusional ideas. Her behaviour was often aggressive. There was some possibility of her condition improving but Dr Z thought it likely she would need to be in a residential aged care facility. 5Following the April hearing, Mrs OFN continued to live at an aged care facility in Regional NSW. However, in early June, Ms BHN and Mr HAN took Mrs OFN out at the weekend and subsequently decided that she should stay living with Mr HAN. 6Mrs KME was very concerned about this sequence of events. She had not agreed to her mother being removed from the aged care facility. She applied for a review of the guardianship order with a view to the Public Guardian taking over as guardian. She sought to be relieved of the role. 7On a requested review of a guardianship order, the Tribunal may vary, suspend or confirm the order (Guardianship Act 1987 (NSW) section 25C(1)).