OKC [2016] NSWCATGD 2

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: OKC [2016] NSWCATGD 2 Hearing dates: 1 February 2016 Date of orders: 01 February 2016 Decision date: 01 February 2016 Jurisdiction: Guardianship Division Before: J Kearney, Senior Member (Legal) T Ovadia, Senior Member (Professional) E Pickering, General Member (Community) Decision: Financial management order made; private manager appointed.

Guardianship order made; private guardian appointed for 12 months to make decisions about accommodation and services. Catchwords: FINANCIAL MANAGEMENT – question as to person's capability to manage their own affairs – need for a financial management order – who should be appointed as manager – separate representative's views considered – consideration of the person's vulnerability to exploitation – financial management order made – family member appointed as manager – order to be reviewed in 12 months

GUARDIANSHIP – question as to person's capacity – consideration of factors in section 14 of the Guardianship Act 1987 (NSW) – where medical evidence inconclusive – evidence about person's capacity to make decisions received from family and friends – separate representative's views considered – where enduring guardianship instrument revoked – guardianship order made – consideration of who to appoint as guardian – family member appointed as guardian

REVIEW OF ENDURING POWER OF ATTORNEY – application withdrawn due to the making of a financial management order

REVIEW OF ENDURING GUARDIANSHIP – application withdrawn due to the making of a guardianship order