NFC [2016] NSWCATGD 51

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NFC [2016] NSWCATGD 51 Hearing dates: 21 December 2016 Date of orders: 21 December 2016 Decision date: 21 December 2016 Jurisdiction: Guardianship Division Before: L Organ, Senior Member (Legal) Dr B McPhee, Senior Member (Professional) D Sword, General Member (Community) Decision: The application for a guardianship order to be made for Ms NFC is dismissed. Catchwords: GUARDIANSHIP – application for guardianship order – National Disability Insurance Scheme – no access request made – family member willing to advocate in relation to NDIS issues – application dismissed Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1), 3(2), 4, 14, 14(2) Cases Cited: HKO [2016] NSWCATGD 14 IF v IG [2004] NSWADTAP 3 KTT [2014] NSWCATGD 6 Category: Principal judgment Parties: Ms NFC (subject person) Mrs IDX (applicant) The NSW Public Guardian File Number(s): 7505 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)).

REASONS FOR DECISION

What the tribunal decided 1. The Tribunal dismissed the application made by Mrs IDX for a guardianship order for Ms NFC.

Background 1. Ms NFC is a 54-year-old woman who resides in group home accommodation in regional NSW that is managed by Family and Community Services (FACS). Ms NFC is reported to have a diagnosis of an intellectual disability. 2. Ms NFC is supported and in regular contact with her sister, Mrs IDX who resides in regional NSW. 3. Ms NFC has been known to the Tribunal since 7 March 1994 when the Public Guardian was appointed as a guardian for two months. This order was reviewed and renewed on a number of occasions until 8 May 2003 when the order lapsed. 4. On 14 October 2016, the Tribunal received an application for a guardian to be appointed for Ms NFC from Mrs IDX. Mrs IDX has proposed herself to be appointed guardian in order to make decisions on her sister's behalf in relation to the National Disability Insurance Scheme (NDIS).