DGD [2014] NSWCATGD 48

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DGD [2014] NSWCATGD 48 Hearing dates: 13 November 2014 Date of orders: 13 November 2014 Decision date: 13 November 2014 Jurisdiction: Guardianship Division Before: Simpson J, Senior Member (Legal) West C, Senior Member (Professional) McCalman M, General Member (Community) Decision: Guardianship order made for period of six months – Public Guardian appointed with functions of accommodation, health care, services and access.

Financial management order made – NSW Trustee and Guardian appointed – order reviewable within six months. Catchwords: GUARDIANSHIP – application for guardianship order – conflict about where person should reside - allegations of abuse by carer – inconsistent evidence – Tribunal unable to make a finding about decision making and care – independent decision maker necessary.

FINANCIAL MANAGEMENT – application for financial management order – relationship between guardianship decisions and financial management – independent manager required – recommendations made to financial manager. Legislation Cited: Guardianship Act 1987 (NSW) Cases Cited: Holt v Protective Commissioner (1993) 31 NSWLR 227 H v H, Supreme Court Protective Division, unreported, Hodgson J, 31 March 1994 LA v Protective Commissioner [2004] NSWADTAP 39 M v M [2013] NSWSC 1495 Re R [2000] NSWSC 886 Re L [2000] NSWSC 721 SH v Protective Commissioner [2006] ADTAP 22 Category: Principal judgment Parties: Mrs DGD (subject person) Ms UBI (applicant) Mr CCX (applicant) The Public Guardian Representation: Separate Representation File Number(s): 57477 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 (NSW)).