TFC [2015] NSWCATGD 49

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: TFC [2015] NSWCATGD 49 Hearing dates: 17 August 2015 Date of orders: 17 August 2015 Decision date: 17 August 2015 Jurisdiction: Guardianship Division Before: J Anderson, Senior Member (Legal) M Wroth, Senior Member (Professional) E Pickering, General Member (Community) Decision: Guardianship order made; public guardian appointed for 12 months to make decisions about accommodation, services, health care and medical and dental treatment.

Financial management order made; NSW Trustee and Guardian appointed; order to be reviewed in 12 months. Catchwords: GUARDIANSHIP – application for a guardianship order – subject person is 18 years old previously under the care of the Minister – subject person is an involuntary patient at a mental health unit – consideration of factors in section 14 of the Guardianship Act 1987 – whether subject person was 'a person in need of a guardian' – history of involvement with juvenile justice and mental health jurisdictions – consideration of subject person's vulnerability – guardian appointed

FINANCIAL MANAGEMENT – application for a financial management order – capability to manage own affairs – need for a financial management order – best interests – young age and capacity to develop living skills – reviewable order made Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1), 3(2), 4, 14, and 25M Mental Health Act 2007 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW), s 59 NSW Trustee and Guardian Act 2009 (NSW), s 71(2) Cases Cited: H v H (unreported) NSW Supreme Court 20 March 2000 McD v McD (1983) 3 NSWLR 81 PY v RJS [1982] 2 NSWLR 700 Re GHI (a protected person) [2005] NSWSC 581 Category: Principal judgment Parties: Ms TFC (subject person) Ms TVH (applicant) The Public Guardian The NSW Trustee and Guardian Representation: Ms Kellie Stares (separate representative for Ms TFC) File Number(s): 59521 Publication restriction: Decisions of the Guardianship Division of the Civil and Administrative Tribunal have been anonymised to remove any information that may identify a person involved in the Tribunal's proceedings (s 65, Civil and Administrative Tribunal Act 2013 (NSW)).