KNC [2015] NSWCATGD 51

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: KNC [2015] NSWCATGD 51 Hearing dates: 1 December 2015 Date of orders: 01 December 2015 Decision date: 01 December 2015 Jurisdiction: Guardianship Division Before: J Anderson, Senior Member (Legal) D Lim, Senior Member (Professional) S Fogg, General Member (Community) Decision: Guardianship order renewed and varied. Joint private guardians appointed for three years with the functions of accommodation, health care and medical and dental treatment.

Appointment of deceased private financial manager revoked; new private manager appointed. Catchwords: GUARDIANSHIP – requested review of guardianship order – consideration of factors in section 14 of the Guardianship Act (NSW) – change in person's circumstances – previously appointed guardian has died – consideration of section 4 principles in the Guardianship Act (NSW) – where person believes they can make their own decisions – ongoing need for a guardianship order – guardianship order renewed and varied – joint private guardians appointed

FINANCIAL MANAGEMENT – requested review of financial management order – death of appointed financial manager – tribunal's powers to revoke the financial management order – consideration of section 25M of the Guardianship Act (NSW) – suitable person to manage the person's estate – appointment of deceased financial manager revoked – new private manager appointed Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1), 3(2), 4, 14, 14(2), 15(3), 17(1), 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, Windeyer J, 29 November 1999 IF v IG [2004] NSWADTAP 3 P v D1 [2011] NSWSC 257 Re B [2011] NSWSC 1075 Category: Principal judgment Parties: Mrs KNC (person under guardianship) Mr KLC (spouse, financial manager, and guardian) Mr TZP (guardian) Mr DAP (applicant) The NSW Trustee and Guardian File Number(s): 50775 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)).