UMD [2015] NSWCATGD 35

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: UMD [2015] NSWCATGD 35 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 – where financial management order in place – need for advocacy in relation to additional services to be provided – evidence that needs could be met without an order – no need for order to be continued – order lapsed on review Legislation Cited: Guardianship Act 1987 (NSW) Category: Principal judgment Parties: Mr UMD (the person under guardianship) Mrs LCM (daughter and guardian of Mr UMD) The Public Guardian Representation: Nil File Number(s): 50744 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 UMD made on 9 May 2014 and decided the order should lapse.

Background 1. Mr UMD is an 81-year old widowed man who had a stroke in June 2012. He has been a permanent resident at an aged care facility in Regional NSW since September 2014, having previously resided in his own home at Regional NSW. Mr UMD's wife, Mrs KED, was also a resident of the aged care facility, but passed away in 2014. Mr UMD's daughter, Mrs LCM, resides at Regional NSW, and he also has a son, Mr ESD, and another daughter, Ms QDD, who is currently in Tasmania. There is a history of significant conflict between Mr UMD's children. 2. On 23 August 2012 the Tribunal appointed the NSW Trustee and Guardian as Mr UMD's financial manager, and the Public Guardian as his guardian for a period of twelve months, with the functions of accommodation, health care, services and access. The guardianship order was reviewed in August 2013 and allowed to lapse. 3. In March 2014 a further application for guardianship was received from Mr UMD's case manager at a Community Care Centre. On 9 May 2014 the Tribunal appointed the Public Guardian as Mr UMD's joint guardian to make decisions about his accommodation, and Mrs LCM with the health care, services and medical and dental consent functions. The matter before this Tribunal was the statutory review at the end of the term of that guardianship order.