EGX [2018] NSWCATGD 6

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EGX [2018] NSWCATGD 6 Hearing dates: 12 February 2018 Date of orders: 12 February 2018 Decision date: 12 February 2018 Jurisdiction: Guardianship Division Before: A Britton, Principal Member Dr A M Berry, Senior Member (Professional) P Davidson, General Member (Community) Decision: 1. The estate of Mr EGX is subject to management under the NSW Trustee and Guardian Act 2009.

2. The management of the estate of Mr EGX is committed to the NSW Trustee and Guardian. Catchwords: FINANCIAL MANAGEMENT – application for financial management order – need for independent oversight – vulnerability to exploitation – NSW Trustee and Guardian appointed Legislation Cited: Guardianship Act 1987 (NSW), ss 4, 25G, 25G(a) Cases Cited: P v NSW Trustee and Guardian [2015] NSWSC 579 Texts Cited: Nil Category: Principal judgment Parties: 001: Financial Management Application

Mr EGX (the person) South Eastern Sydney Local Health District (applicant) NSW Trustee and Guardian (proposed financial manager) Representation: Nil File Number(s): NCAT 2018/00018466 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 1. Seventy-year-old Mr EGX is currently a respite patient at public hospital A, East Sydney. He was admitted to public hospital B on 5 January 2018 following a fall which resulted in a hip fracture. Twelve days later he was transferred to the public hospital A in East Sydney. Prior to this hospital admission, Mr EGX had been living in a boarding house in East Sydney. For a number of years he has been a regular visitor to a charity centre where he was provided meals and various services. Mr EGX has no known relatives in Australia. Apparently he has limited contact with a nephew, Mr Z, who lives in England. 2. In January 2018, a social worker of public hospital B, Ms TDC, made an application to the Guardianship Division of the New South Wales Civil and Administrative Tribunal (NCAT) seeking a financial management order in respect to Mr EGX (the Application). Ms TDC wrote that the reason for making the Application was because of concerns that without a financial management order, Mr EGX is vulnerable to financial exploitation. 3. For the reasons that follow we have decided to make a financial management order in respect of Mr EGX and to commit the management of his estate to the NSW Trustee and Guardian.