EBQ [2015] NSWCATGD 22

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EBQ [2015] NSWCATGD 22 Hearing dates: 14 July 2015 Date of orders: 14 July 2015 Decision date: 14 July 2015 Jurisdiction: Guardianship Division Before: B Shipp, Senior Member (Legal) Decision: Adjourned for two months Catchwords: ADJOURNMENT – review of guardianship order – conflict between joint guardians – one guardian not able to participate in hearing – procedural fairness – delay not adverse to interests of person under guardianship Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Guardianship Act 1987 (NSW) Category: Principal judgment Parties: Ms EBQ (the person under guardianship) Mrs LDQ and Mrs HPE (the guardians of Ms EBQ) Representation: Not applicable File Number(s): 31424 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 adjourned the review of the guardianship order for Ms EBQ part-heard for a period of approximately two months.

Background 1. Ms EBQ is a 57 year old woman with an intellectual disability who has lived since the age of nine at a public residential centre in Regional NSW. Both o her parents are deceased, and she has 4 siblings - Mrs LDQ, Mrs HPE, Mr TMQ and Mr TVR. 2. In August 2005, the Tribunal made a financial management order appointing the Protective Commissioner (now the NSW Trustee and Guardian). 3. In September 2013, Mrs LDQ applied to become the replacement financial manager, and also applied for a guardianship order. In January 2014, the Tribunal confirmed the appointment of the NSW Trustee and Guardian as Ms EBQ's financial manager. The Tribunal also appointed Mrs LDQ and Mrs HPE as their sister's joint guardians for a period of 12 months, to make decisions about her accommodation, health care, medical and dental treatment and services. 4. In January 2015, the Tribunal reappointed Mrs LDQ and Mrs HPE as Ms EBQ's joint guardians for a period of six months with the same functions. 5. The guardianship order is again due for review.