CFM

[2014] NSWCATGD 26

NSW Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

CFM [2014] NSWCATGD 26

Hearing dates:

11 July 2014

Decision date:

11 July 2014

Jurisdiction:

Guardianship Division

Before:

Boxall A, Senior Member (Legal)
Oxenham M, Senior Member (Professional)
Pickering E, General Member (Community)

Decision:

Limited guardianship order made for six months; private guardian appointed with accommodation, services, health care and medical and dental consent.

Financial management order made; private manager appointed; reviewable within six months.

Catchwords:

GUARDIANSHIP - application for guardianship order - capacity to make personal and lifestyle decisions - mental health issues - increased support needs - private guardian.

FINANCIAL MANAGEMENT - application for financial management order - capability to manage - potential need to sell property due to possible accommodation decision of guardian - lack of insight - rational appreciation of estate - private person - supervision of NSW Trustee and Guardian - reviewable order

Legislation Cited:

Guardianship Act 1987 (NSW)

Cases Cited:

Re GHI (a protected person) [2005] NSWSC 581
PY v RJS [1982] 2 NSWLR 700
H v H (unreported) NSW Supreme Court, Young J, 20 March 2000
McD v McD (1983) 3 NSWLR 81

Category:

Principal judgment

Parties:

Mr CFM (subject person)
Mr KGM (applicant)
The Public Guardian
The NSW Trustee and Guardian

File Number(s):

56333

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

What the Tribunal decided

1. The Tribunal appointed Mr NHM as Mr CFM's guardian for a period of six months to make decisions on his behalf about his accommodation, services, health care and medical and dental treatment as set out in the Tribunal's Order.

1. The Tribunal also appointed Mr KGM as Mr CFM's financial manager, to be reviewed at the expiry of six months, subject to the authorities and directions ordered by the NSW Trustee and Guardian.

Background

1. Mr CFM is aged 75. He is Swedish, but has lived in Australia for many decades, and his command of English is excellent. He lives in an independent living unit in a retirement village north west of Sydney. He has two sons, Mr KGM, who is the Applicant and seeks to be appointed as his father's financial manager, and Mr NHM, whose appointment as his father's guardian is sought by the Applicant.

The Hearing

1. As a preliminary matter, the Tribunal considered whether Mr KGM had a genuine concern for Mr CFM's welfare, as required of a private third-party applicant under s 9(1)(d) and s 25I(1)(b) of the Guardianship Act 1987 (NSW) ('the Guardianship Act'). The Tribunal was so satisfied.

GUARDIANSHIP

1. The questions which had to be decided by the Tribunal in relation to guardianship were:

(1)   Is Mr CFM someone for whom the Tribunal could make an order because he has a disability which prevents him from being able to make important life decisions?

(2)   Should the Tribunal…