NSW Caselaw
NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: KVI [2017] NSWCATGD 3 Hearing dates: 30 January 2017 Date of orders: 30 January 2017 Decision date: 30 January 2017 Jurisdiction: Guardianship Division Before: J Anderson, Senior Member (Legal) D I Beale, Senior Member (Professional) D Sword, General Member (Community) Decision: Guardianship 1. A guardianship order is made in respect of Mr KVI. 2. Ms KZN is appointed as the guardian. 3. Mr QNJ is appointed as the alternative guardian. 4. This is a continuing guardianship order for a period of 12 months from the date of this order. 5. This is a limited guardianship order giving the guardian custody of Mr KVI to the extent necessary to carry out accommodation, health care, medical and dental consent and services functions.
Financial Management 1. The estate of Mr KVI is subject to management under the NSW Trustee and Guardian Act 2009. 2. Dr Mr QNJ and Ms KZN are appointed jointly and severally as the financial managers of the estate. 3. On the death or revocation of appointment of either of the financial managers, then the surviving or remaining manager shall continue to be the manager of the estate. Catchwords: GUARDIANSHIP – application for guardianship order – National Disability Insurance Scheme – nominee – need for an order – private guardian appointed
FINANCIAL MANAGEMENT – application for financial management order – need for an order – private financial managers appointed jointly and severally Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1), 3(2), 4, 14, 14(2), 15(3), 17(1), 25M Cases Cited: C S and M Y v the Guardianship Tribunal and the Public Guardian (Supreme Court (NSW), Windeyer J, 29 November 1999, unrep IF v IG [2004] NSWADTAP 3 P v D1 [2011] NSWSC 257 Re B [2011] NSWSC 1075 Category: Principal judgment Parties: Mr KVI (subject person) Ms KZN (applicant) Mr QNJ (applicant) The NSW Public Guardian The NSW Trustee and Guardian File Number(s): 64183 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)).
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