EJD [2015] NSWCATGD 31

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EJD [2015] NSWCATGD 31 Hearing dates: 6 May 2015 Date of orders: 06 May 2015 Decision date: 06 May 2015 Jurisdiction: Guardianship Division Before: S Taylor, Senior Member (Professional) Decision: Guardianship order lapsed. Catchwords: GUARDIANSHIP – end of term review of guardianship order – evidence from appointed guardian that the guardianship order is unworkable – subject person acts on her own decisions – no evidence of need – guardianship order allowed to lapse Category: Principal judgment Parties: Ms EJD (the person under guardianship) The Public Guardian (appointed guardian) Representation: Nil File Number(s): 12610 Publication restriction: Decisions of the Guardianship Division of the Civil and Administrative Tribunal have been anonymised to remove any information that may identity 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 Ms EJD made on 8 May 2014 and decided that the order should lapse.

Background 1. Ms EJD is a 74-year old transgender woman who is reported to have alcohol-related brain damage and frontal lobe dementia. She has been residing at a low-care facility in Regional NSW, since September 2014, after having been discharged from a public hospital. Ms EJD has a sister who resides at West Sydney. 2. On 20 November 1996 the Tribunal appointed the NSW Trustee and Guardian as Ms EJD's financial manager, and the Public Guardian as her guardian. Ms EJD has been under the guardianship of the Public Guardian at various times since then. Most recently, on 8 May 2014, the Tribunal appointed the Public Guardian for a period of twelve months with the functions of accommodation (coercive), health care, medical and dental consent and services. The matter before this Tribunal was the statutory review at the end of the term of that guardianship order.