ESI [2015] NSWCATGD 13

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ESI [2015] NSWCATGD 13 Hearing dates: 23 February 2015 Date of orders: 23 February 2015 Decision date: 23 February 2015 Jurisdiction: Guardianship Division Before: R Booby, Senior Member (Legal) Decision: Guardianship order reviewed and confirmed with no variations Catchwords: GUARDIANSHIP – requested review – consent to major medication – no person responsible – lack of material change Legislation Cited: Guardianship Act 1987 (NSW) Category: Principal judgment Parties: Mr ESI (the person under guardianship) Mrs NBI (the spouse of Mr ESI) The Public Guardian (the guardian of Mr ESI and the applicant) File Number(s): 56895 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 1. The Tribunal reviewed the previous guardianship order concerning Mr ESI and confirmed that order with no variations.

Background 1. Mr ESI is 86 years old and lives in a nursing home in Regional NSW. His wife, Mrs NBI, continues to live in their marital house in Regional NSW. 2. On 23 October 2014 the Tribunal considered an application by Miss UCD, who is a social worker, seeking the appointment of a guardian and financial manager for Mr ESI. The Tribunal committed Mr ESI's affairs to management by the NSW Trustee and Guardian and made a guardianship order appointing the Public Guardian for a period of 12 months to make decisions for Mr ESI about his health care and to consent to his medical and dental treatment. 3. On 13 November 2014 the Tribunal received a request to review the guardianship order. The applicant was Mrs LDC of the Office of the Public Guardian and in her application she states that there is no current need for the order. 4. The hearing conducted on 23 February 2014 was the review requested by Mrs LDC.