BLB v NSW Trustee and Guardian [2015] NSWCATAD 83

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BLB v NSW Trustee and Guardian [2015] NSWCATAD 83 Hearing dates: 17 November 2014 Decision date: 23 April 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: A Britton, Principal Member Decision: The decision of the NSW Trustee and Guardian made on 28 May 2013 is affirmed Catchwords: ADMINISTRATIVE LAW – review of decision of NSW Trustee and Guardian – whether the decision to sell property is correct and preferable decision – meaning of "interests" Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) NSW Trustee and Guardian Act 2009 (NSW) Administrative Decisions Review Act 1997 (NSW) Category: Principal judgment Parties: BLB (Applicant in person) NSW Trustee and Guardian (Respondent) Representation: Solicitors: BLB (Applicant in person) S Newell, NSW Trustee and Guardian (Respondent) File Number(s): 1410423 Publication restriction: Section 64 Civil and Administrative Tribunal Act 2013 (NSW) – no details identifying the applicant, the protected person or her stepdaughter, to be published

Reasons for decision 1. These reasons concern an elderly woman who has been living in an aged care facility in regional NSW since October 2013 (the protected person). Shortly after moving into care, the (then) NSW Guardianship Tribunal, decided to commit the management of the protected person's estate to the NSW Trustee and Guardian (the Trustee), having found she was suffering from dementia and was incapable of managing her affairs. 2. In May 2014 the Trustee decided to sell the property owned by the protected person, where she had been living immediately before moving into care (the family home). That decision was affirmed on internal review. 3. BLB challenges that decision and applies to the NSW Civil and Administrative Tribunal (NCAT) for review. BLB has lived in the family home for a number of years and was apparently caring for the protected person before she moved to the aged care facility where she now resides. He has standing to bring this application because he is a person whose interests are adversely affected by the Trustee's decision (s 62(1) of the NSW Trustee and Guardian Act 2009 (NSW) (the Trustee Act)).