STS [2016] NSWCATGD 18

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: STS [2016] NSWCATGD 18 Hearing dates: 04 March 2016 Date of orders: 04 March 2016 Decision date: 04 March 2016 Jurisdiction: Guardianship Division Before: A Britton, Principal Member G Jamieson, Senior Member (Professional) L Stewart, General Member (Community) Decision: Guardianship order made for 12 months; Public Guardian appointed with accommodation, advocacy and services functions.

Financial management order made for 24 months; estate committed to the NSW Trustee and Guardian (Centrelink payments excluded). Catchwords: GUARDIANSHIP – application for a guardianship order – subject person soon to leave care of Minister for Family and Community Services – consideration of factors in ss 4 and 14 of the Guardianship Act 1987 (NSW)

FINANCIAL MANAGEMENT – subject person's capacity to manage own affairs – interplay of disability, age and life experience in assessment of capacity – risk of financial exploitation with pending compensation payment made Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1), 3(2), 4, 14(1), 14(2), 17(1), 18(1), , 25E(1), 25G Victims Rights and Support Act 2013 (NSW) Category: Principal judgment Parties: Ms STV (subject person) Ms NGL (applicant) The NSW Public Guardian The NSW Trustee and Guardian Representation: Separate Representation – J Kwan File Number(s): 61492 Publication restriction: Decisions of the Guardianship Division of the Civil and Administrative Tribunal have been anonymised to remove any information that may identify any person involved in the Tribunal's proceedings (s 65, Civil and Administrative Tribunal Act 2013 (NSW)).