BLX [2014] NSWCATGD 36

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BLX [2014] NSWCATGD 36 Hearing dates: 1 October 2014 Decision date: 01 October 2014 Jurisdiction: Guardianship Division Before: Connor E, Senior Member (Legal) Hollis J, Senior Member (Professional) Davidson P, General Member (Community) Decision: Limited guardianship order made for a period of six months; Public Guardian appointed with functions of travel and passport, and access. Catchwords: GUARDIANSHIP - application for guardianship order - stroke and physical disabilities - non-english speaking background - partially unable to manage person or to make and implement decisions about travel and access - family conflict. Legislation Cited: Guardianship Act 1987 (NSW) Mental Health Act 2007 (NSW) Category: Principal judgment Parties: Mrs BLX (subject person) Ms BJC (applicant) Mr IWL (spouse) Mr KML (carer and son) The Public Guardian File Number(s): 57203 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 appointed the Public Guardian as Mrs BLX's guardian for a period of six months to make decisions on her behalf about her travel and passport, and her access to others.

Background 2Mrs BLX is a 69-year old Indonesian woman who at the time of the application being made was residing with her son and carer, Mr KML, in Sydney. It is reported that Mrs BLX had a stroke in April 2013 in Indonesia. 3Mrs BLX and her husband, Mr IWL, were both previously living with Mr KML in his flat in Sydney but a breakdown in the relationship between Mr KML and Mr IWL led to conflict regarding Mrs BLX's living arrangements, care and Mr IWL access to his wife. 4An urgent application for the appointment of a guardian for Mrs BLX was lodged with the Tribunal on 22 August 2014 by Ms BJC, Manager of Service Provider A. 5At a hearing on 4 September 2014 the Tribunal adjourned the hearing of the application for a period of approximately four weeks and made directions.