EHM [2017] NSWCATGD 4

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EHM [2017] NSWCATGD 4 Hearing dates: 22 February 2017 Date of orders: 22 February 2017 Decision date: 22 February 2017 Jurisdiction: Guardianship Division Before: E Connor, Senior Member (Legal) Dr M Wroth, Senior Member (Professional) M Watson, General Member (Community) Decision: Guardianship 1. The guardianship order for Mrs EHM made by the Tribunal on 4 January 2017 is renewed and varied so that the order is now as follows. 2. This is a continuing guardianship order for a period of 12 months from the date of this order. 3. The Public Guardian is appointed as the guardian for Mrs EHM. 4. Mr NBM and Mr FZM are appointed jointly as the guardians for Mrs EHM. 5. This is a limited guardianship order giving the guardian custody of Mrs EHM to the extent necessary to carry out the functions referred to below. Public Guardian – Access and Other (overseas relocation decisions) Mr NBM and Mr FZM – Accommodation, Health Care, Medical and Dental Consent, Services

Financial Management 1. The financial management order made by the Tribunal on 4 January 2017 in relation to the estate of Mrs EHM is confirmed. 2. This order is to be reviewed by the Tribunal on 27 April 2017.

Review of Enduring Power of Attorney 1. Not to carry out a review of the making, operation and effect of the enduring power of attorney made by Mrs EHM on 9 November 2016 which appointed Ms OBM and Mr DFM as attorneys. 2. The application made by Mr NBM, Mr FZM for a review of the making, operation and effect of the abovementioned enduring power of attorney are dismissed. Catchwords: GUARDIANSHIP – review of guardianship order – subject person in hospital – consideration of factors in section 14 of the Guardianship Act 1987 (NSW) – family willing to provide care at home – consideration of who to appoint as guardian – Public Guardian and private guardian appointed with separate functions