UCC [2015] NSWCATGD 50

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: UCC [2015] NSWCATGD 50 Hearing dates: 2 September 2015 Date of orders: 02 September 2015 Decision date: 02 September 2015 Jurisdiction: Guardianship Division Before: J Anderson, Senior Member (Legal) M Matheson, Senior Member (Professional) M McCalman, General Member (Community) Decision: Guardianship order made for 12 months; private and alternate private guardian appointed to make decisions about accommodation, health care, and medical and dental treatment.

Financial management order made; two private managers appointed jointly and severally; order to be reviewed in 12 months. Catchwords: GUARDIANSHIP – application for the appointment of a guardian – person in respite care after admission to hospital as an involuntary patient – consideration of factors in section 14 of the Guardianship Act 1987 (NSW) – concerns about the person travelling overseas at risk to himself – decisions can no longer be managed informally – guardianship order made – who should be appointed as guardian – consideration of section 17 of the Guardianship Act 1987 (NSW) – private guardian and alternate guardian appointed

FINANCIAL MANAGEMENT – application for the appointment of a financial manager – whether the person is incapable of managing their affairs – need for a financial manager – best interests – financial management order made – consideration of section 25M of the Guardianship Act 1987 (NSW) – who should be appointed as manager – private managers appointed jointly and severally – reviewable order made Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1), 3(2), 4, 14, and 25M Mental Health Act 2007 (NSW) Cases Cited: C S and M Y v the Guardianship Tribunal and the Public Guardian (unreported) NSW Supreme Court 29 November 1999 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: Mr UCC (subject person) Mrs NAC (an applicant and spouse of Mr UCC) Ms IQC (an applicant) The Public Guardian The NSW Trustee and Guardian File Number(s): 59897 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)).