WZB [2016] NSWCATGD 73

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: WZB [2016] NSWCATGD 73 Hearing dates: 13 January 2016 Date of orders: 13 January 2016 Decision date: 13 January 2016 Jurisdiction: Guardianship Division Before: J Moir, Senior Member (Legal) Dr B McPhee, Senior Member (Professional) E McAlpine, General Member (Community) Decision: 1. The Tribunal appointed Mr KAB as Mrs WZB's guardian for a period of 12 months to make decisions about her accommodation, health care and medical and dental treatment, and services which she should receive as set out in the Tribunal's order; and

2. The Tribunal committed Mrs WZB's estate to the management of the NSW Trustee and Guardian. Catchwords: GUARDIANSHIP – application for a guardianship order – application for a financial management order – procedure – mandatory considerations in s 14(2) of the Guardianship Act 1987 (NSW) – s 4 principles of the Guardianship Act – alleged vulnerability to financial exploitation – consideration of who to appoint as guardian and financial manager – proposed financial manager only seeking joint appointment Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1), 3(2), 4, 14, 14(2), 15(3), 17(1), 25M Mental Health Act 2007 (NSW) Cases Cited: C S and M Y v the Guardianship Tribunal and the Public Guardian (Supreme Court (NSW), Windeyer J, 29 November 1999, unrep) CJ v AKJ [2015] NSWSC 498 Holt & Anor v Protective Commissioner (1993) 31 NSWLR 227 IF v IG [2004] NSWADTAP 3 P v D1 & Ors [2011] NSWSC 257 P v NSW Trustee and Guardian [2015] NSWSC 579 Re B [2011] NSWSC 1075 Texts Cited: Nil Category: Principal judgment Parties: Mrs WZB (subject person) Ms LND (applicant) The Public Guardian as a statutory party Representation: Nil File Number(s): 61201 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)).