Epo v NSW Trustee and Guardian

Civil and Administrative Tribunal

New South Wales

• Amendment notes

Medium Neutral Citation:

EPO v NSW Trustee and Guardian [2021] NSWCATAD 220

Hearing dates:

19 July 2021

Date of orders:

27 July 2021

Decision date:

27 July 2021

Jurisdiction:

Administrative and Equal Opportunity Division

Before:

Dr J Lucy, Senior Member

Decision:

(1) The decisions of the respondent are affirmed.

(2) The application is dismissed.

Catchwords:

ADMINISTRATIVE REVIEW — financial management — where private financial manager appointed to manage estate of protected persons — where respondent made decisions to approve proposed sale of protected person’s home and modification of home for sale — where protected person’s daughter and former carer living in home — whether correct and preferable decision

Legislation Cited:

Civil and Administrative Tribunal Act 2013 (NSW)

Guardianship Act 1987 (NSW)

Administrative Decisions Review Act 1997 (NSW)

NSW Trustee and Guardian Act 2009 (NSW)

Cases Cited:

Protective Commissioner v D [2004] NSWCA 216

BEY v NSW Trustee and Guardian [2014] NSWCATAD 87

Texts Cited:

None cited

Category:

Principal judgment

Parties:

EPO (Applicant)
NSW Trustee and Guardian (First Respondent)
EQS (Second Respondent)
FBE (Third Respondent)

Representation:

Counsel:
S Bell (Second Respondent)

Solicitors:
Applicant in person
NSW Trustee and Guardian Legal (First Respondent)
S Stuart (Guardian ad litem for Third Respondent)

File Number(s):

2021/00067178

Publication restriction:

The disclosure of the names of the applicant, the second respondent, the third respondent and their family members is prohibited.

REASONS FOR DECISION

1. The applicant sought review of a decision of the NSW Trustee and Guardian (“NSW Trustee”) to approve the sale of her mother’s home. The applicant is currently residing in that home and has done so for many years.

2. The mother is a protected person in respect of whom financial management orders have been made. She has advanced dementia, is living in a nursing home and needs funds to pay her accommodation expenses.

3. The decision of the NSW Trustee will likely have the effect that the applicant will have to move out of the family home.

4. Notwithstanding this, having regard to the interests and welfare of the mother, I have decided that the correct and preferable decision is to approve the proposal to sell the mother’s home.

Background

5. The applicant, to whom I will refer as the daughter, was the carer for the third respondent, her elderly mother (“the mother”) for many years. She has lived in the mother’s home since about 2003.

6. The mother is in her nineties. In August 2020, Dr Chris Dedousis diagnosed her as suffering from severe dementia and stated that she had been suffering from dementia for ten to twelve years. The mother also suffers from other medical conditions.

7. The daughter is in her sixties and suffers from ill health.

8. On 4 February 2015, the mother appointed the daughter to be her enduring guardian.

9. The mother moved into a nursing home in about May 2016. She returned home to live with the daughter in April 2018 but was admitted to the nursing home again in February 2019, where she remains.