SQM [2015] NSWCATGD 41

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: SQM [2015] NSWCATGD 41 Hearing dates: 8 October 2015 Date of orders: 08 October 2015 Decision date: 08 October 2015 Jurisdiction: Guardianship Division Before: G Moin, Senior Member (Legal) M Matheson, Senior Member (Professional) J Newman, General Member (Community) Decision: Public Guardian appointed for 12 months to make decisions about accommodation, health care, medical and dental treatment, services, advocacy, and legal services.

Financial management order made; NSW Trustee and Guardian appointed.

Ms EGE joined as a party to the guardianship and financial management applications.

Leave granted to Ms NBF to represent Mr SQM at the hearing.

Leave granted to Ms KPX and Mr QFO to represent Ms EGE at the hearing. Catchwords: GUARDIANSHIP AND FINANCIAL MANAGEMENT – – interlocutory issues – whether the Tribunal has jurisdiction to make a guardianship order where there is a Californian Superior Court order for the appointment of a temporary conservator of the person and the estate of the subject person in place – recognition in NSW of Californian order – where subject person is a dual citizen of the United States of America and Australia and resides in both California and NSW – where subject person is in California at the time of the hearing – Californian Court order not recognised in NSW – whether subject person's domicile is NSW – extraterritorial application of Guardianship Act 1987 (NSW) – rebuttable presumption – welfare and interests of the person considered