KJC [2016] NSWCATGD 9

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: KJC [2016] NSWCATGD 9 Hearing dates: 12 April 2016 Date of orders: 12 April 2016 Decision date: 12 April 2016 Jurisdiction: Guardianship Division Before: J Currie, Senior Member (Legal) D Lim, Senior Member (Professional) S Fogg, General Member (Community) Decision: Appointment of enduring guardian under an enduring guardianship instrument revoked.

Guardianship order made for 2 years; Public Guardian and a Private Guardian appointed with separate functions; Public Guardian with authority to make decisions about accommodation and access to others and the Private Guardian with the authority to make decisions about health care, consent to medical and dental treatment and services.

Financial management order confirmed; directions given to the financial manager.

Recommendation made to parties to attempt mediation in the event of disputes arising in connection with the guardianship and financial management orders. Catchwords: ENDURING GUARDIANSHIP – application to review enduring guardianship instrument – whether welfare and interests of the person best served by the enduring guardianship instrument – whether to make a guardianship order – whether undue conflict – appointment revoked

GUARDIANSHIP – consideration of need for an order – conciliation attempted – family conflict – guardianship order made – recommendation made to parties to attempt mediation for any future disputes

FINANCIAL MANAGEMENT – application to review financial management order – capability to manage affairs – best interests – conflict of interest – financial management order confirmed – direction given to private manager – recommendation made to parties to attempt mediation for any future disputes Legislation Cited: Guardianship Act 1987 (NSW), ss 4(e), 17, 17(1), 17(1)(b) NSW Trustee and Guardian Act 2009 (NSW), ss 39, 39(e) Powers of Attorney Act 2003 (NSW), s 36 Cases Cited: CJ v AKJ [2015] NSWSC 498 Category: Principal judgment Parties: to the application for review of the Appointment of Enduring Guardian: