EWD [2018] NSWCATGD 20

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EWD [2018] NSWCATGD 20 Hearing dates: 5 June 2018 Date of orders: 05 June 2018 Decision date: 05 June 2018 Jurisdiction: Guardianship Division Before: J S Currie, Senior Member (Legal) Decision: The guardianship order concerning EWD made on 8 June 2016 is revoked from 5 June 2018. Catchwords: GUARDIANSHIP – end-of-term review of guardianship order – mandatory considerations in s 14(2) of the Guardianship Act 1987 (NSW) – views of the person – capability to manage one's own affairs

EVIDENCE – assessment of competing medical evidence Legislation Cited: Guardianship Act 1987 (NSW), ss 3, 4, 14(1)–(2) Mental Health Act 2007 (NSW) Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: EWD (subject person) Mrs KZD (spouse) Public Guardian (appointed guardian) Representation: Nil File Number(s): NCAT 2014/00384204 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

REVIEW OF A GUARDIANSHIP ORDER

What the Tribunal decided 1. I decided to revoke the guardianship order made for Mr EWD on 8 June 2016.

Background 1. Mr EWD, who was aged 77 years at the time of the hearing, is a resident in an aged care facility in northern Sydney. He is married to Mrs KZD, who lives in a home unit which she and her husband own in northern Sydney. Mr EWD is reported to have mild, static vascular dementia but that diagnosis is disputed by Mr and Mrs KZD. He has also been diagnosed with bipolar disorder, which is reported to have been triggered by an assault on him when he was in the US Navy at the age of approximately 20 years. 2. The Tribunal has made a number of orders in respect of Mr EWD. 1. On 2 July 2014, the Tribunal made a continuing limited guardianship order for him under which the Public Guardian was appointed as his guardian for 12 months and authorised to make decisions on his behalf about his accommodation and services. 2. That order was reviewed on 5 May 2015 when the order was renewed and varied. A continuing limited guardianship order was made. The Public Guardian was again appointed as guardian for a period expiring on 29 June 2015 and authorised to make decisions on Mr EWD's behalf about his access to others, accommodation (with authority to engage others), health care, medical and dental consent and services. 3. The order was again reviewed on 30 June 2015. A continuing limited guardianship order was made under which the Public Guardian was again appointed for a period of 12 months with authority to make decisions on Mr EWD's behalf about his accommodation, health care, medical and dental consent and services. 4. The order was again reviewed on 8 June 2016. A continuing limited guardianship order was made under which the Public Guardian was again appointed for a period of two years with authority to make decisions on Mr EWD's behalf about his accommodation and services. 1. On 30 June 2014, the Tribunal had also made a financial management order for Mr EWD under which the management of his estate was committed to NSW Trustee and Guardian. That order remains in force. 2. The purpose of the proceedings before me at Sydney on 5 June 2018 was to review the guardianship order for Mr EWD last renewed on 8 June 2016.