BLC [2016] NSWCATGD 3

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BLC [2016] NSWCATGD 3 Hearing dates: 5 February 2016 Date of orders: 05 February 2016 Decision date: 05 February 2016 Jurisdiction: Guardianship Division Before: J Kearney, Senior Member (Legal) B McPhee, Senior Member (Professional) E Pickering, General Member (Community) Decision: Guardianship order made for 12 months; Private guardian and alternate private guardian appointed to make decisions about accommodation, including authority to authorise others, and services.

Financial management order made; private manager appointed. Catchwords: FINANCIAL MANAGEMENT – capability to manage own financial affairs – need for a financial management order – vulnerability to exploitation or self-mismanagement – financial management order made – consideration of section 25M of the Guardianship Act 1987 (NSW) private manager appointed

GUARDIANSHIP – consideration of factors in section 14 of the Guardianship Act 1987 (NSW) – person with a diagnosis of Wernicke Korsakoff's syndrome and consideration of decision-making capacity – where subject person believes they have capacity to make their own decisions – fluctuating capacity – risk to the person's safety due to absconding from hospital – coercive accommodation function given to guardian – guardianship order made Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1), 3(2), 4, 14, 14(2), 15(3), 17(1), and 25M Cases Cited: Application by AMAM; Re SAM [2011] NSWSC 503 C S and M Y v the Guardianship Tribunal and the Public Guardian (unreported) NSW Supreme Court, Windeyer J, 29 November 1999 CJ v AKJ [2015] NSWSC 498 Holt v Protective Commissioner (1993) 31 NSWLR 227 IF v IG [2004] NSWADTAP 3 M v M [2013] NSWSC 1495 McD v McD (1983) 3 NSWLR 81 P v D1 [2011] NSWSC 257 P v NSW Trustee and Guardian [2015] NSWSC 579 P v R [2003] NSWSC 819 PB v BB [2013] NSWSC 1223 Re B [2011] NSWSC 1075 Re D [2012] NSWSC 1006 Re W and L (Parameters of Protected Estate Management Orders) [2014] NSWSC 1106 Category: Principal judgment Parties: Mr BLC (subject person) Ms BWR (applicant) The NSW Public Guardian The NSW Trustee and Guardian File Number(s): 61665 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)).