NAD [2018] NSWCATGD 1

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NAD [2018] NSWCATGD 1 Hearing dates: 20 October 2017 Date of orders: 02 January 2018 Decision date: 02 January 2018 Jurisdiction: Guardianship Division Before: C P Fougere, Principal Member Dr M J Wroth, Senior Member (Professional) Dr M Spencer, General Member (Community) Decision: A guardianship order is made for Mrs NAD appointing the Public Guardian for 12 months with the functions of access and services.

A financial management order is made for Mrs NAD committing the management of her estate to the NSW Trustee and Guardian. Catchwords: GUARDIANSHIP – application for guardianship order –significant cognitive impairment – contact between person and family members prevented by son/carer – application of section 4 principles – preserving family relationships – protection from abuse – Australian Law Reform Commission, Elder Abuse: A National Legal Response – psychological or social abuse – Public Guardian appointed

FINANCIAL MANAGEMENT – application for financial management order – financial exploitation – conflict of interest between financial interests of person and son/carer – NSW Trustee and Guardian appointed Legislation Cited: Guardianship Act 1987 (NSW), ss 3(2), 4, 4(a)-(c), 4(e)-(g),14, 14(2), 15(3), 16(3), 17(1), 17(1)(c), 25M Cases Cited: AMAM; Re SAM [2011] NSWSC 503 C S and M Y v the Guardianship Tribunal and the Public Guardian (Supreme Court (NSW), Windeyer J, 29 November 1999, unrep) Holt & Anor v Protective Commissioner (1993) 31 NSWLR 227 IF v IG [2004] NSWADTAP 3 M v M [2013] NSWSC 1495 P v D1 & Ors [2011] NSWSC 257 P v NSW Trustee and Guardian [2015] NSWSC 579 P9/2000 [2011] NSWSC 49 Re B [2011] NSWSC 1075 Texts Cited: Australian Government, Australian Law Reform Commission, Elder Abuse – A National Legal Response (ALRC Report 131), (14 June 2017) at [2.4.9] Category: Principal judgment Parties: Mrs NAD (subject of the application) Mr NZP (carer) Mrs MAV (applicant) The NSW Trustee and Guardian The Public Guardian Representation: Mr M Adam (separate representative for Mrs NAD) File Number(s): NCAT 2017/00196666 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)).