AWR [2014] NSWCATGD 42

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: AWR [2014] NSWCATGD 42 Hearing dates: 27 November 2014 Decision date: 27 November 2014 Jurisdiction: Guardianship Division Before: Tearle B, Senior Member (Legal) McPhee B, Senior Member (Professional) Stewart L, General Member (Community) Decision: Applications dismissed. Catchwords: GUARDIANSHIP - application for guardianship order - enduring guardianship appointment made - no need for an order.

FINANCIAL MANAGEMENT - application for financial management order - enduring power of attorney made - no need for an order. Legislation Cited: Guardianship Act 1987 (NSW) Category: Principal judgment Parties: Mr AWR (subject person) Ms QBT (applicant) Ms HCT (carer and attorney) The Public Guardian NSW Trustee and Guardian File Number(s): 57927 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 dismissed the application for both guardianship and financial management orders for Mr AWR.

Background 2Mr AWR, who is 73 years old, has until recently been living with his long-term friend and carer, Ms HCT, in Ms HCT's home in regional NSW. Mr AWR recently spent a period of time in respite care while Ms HCT was overseas. On 14 November 2014, Mr AWR was moved to a care facility, within a public hospital. Mr AWR is reported to have cognitive, social and behavioural impairment. 3Mr AWR has two sons: Mr DEX and MR GFX. 4On 29 November 2013, Mr AWR appointed Ms HCT to be his enduring guardian, and he also appointed Ms HCT's daughter, Ms UGD, to be his alternative enduring guardian. On the same day, Mr AWR appointed Ms HCT as his attorney under an enduring power of attorney. He also appointed Ms UGD as his substitute attorney. In each of those instruments of appointment, Ms UGD is described as Ms UGD. 5On 21 November 2014, the Tribunal received from Ms QBT, senior social worker in the care facility of the public hospital, an application seeking the appointment of both a guardian and a financial manager for Mr AWR.