NSW Civil and Administrative Tribunal
New South Wales
Medium Neutral Citation: EZX [2020] NSWCATGD 72 Hearing dates: 26 June 2020 Date of orders: 26 June 2020 Decision date: 26 June 2020 Jurisdiction: Guardianship Division Before: S Roushan, Senior Member (Legal)
A M Matheson, Senior Member (Professional)
R Royer, General Member (Community)Decision: Guardianship
1. A guardianship order is made for EZX.
2. MYG of [Address removed for publication.] is appointed as the guardian.
3. This is a continuing guardianship order for a period of 12 months from 26 June 2020.
4. This is a limited guardianship order giving the guardian(s) custody of EZX to the extent necessary to carry out the functions below.
FUNCTIONS:
5. The guardian has the following functions:
a) Accommodation
To decide where EZX may reside.
b) Health care
To decide what health care EZX may receive.
c) Services
To make decisions about services to be provided to EZX.
CONDITION:
6. The condition of this order is:
a) Standard Condition
In exercising this role the guardian shall take all reasonable steps to bring EZX to an understanding of the issues and to obtain and consider his views before making significant decisions.
Financial Management
1. The estate of EZX is subject to management under the NSW Trustee and Guardian Act 2009 (NSW).
2. MYG of [Address removed for publication.] is appointed as the financial manager of the estate.
NOTE: The financial manager is not authorised to deal with the estate (other than to protect the assets) until he/she has obtained all necessary authorities from the NSW Trustee and Guardian.
3. This order be reviewed by the Tribunal within 12 months.
Catchwords: GUARDIANSHIP – application for a guardianship order – admitted to a multi-purpose health service – condition deteriorated – close family relationships – no undue conflict of interest – subject person and family support appointment – private guardian appointed
FINANCIAL MANAGEMENT – application for a financial management order – risk of homelessness – vulnerable to exploitation – payments managed by sibling – financial arrangements needed if accommodation changes – subject person supports appointment – private manager found suitable
Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14, 14(2), 15(3), 17, 25M
Cases Cited: C S and M Y v the Guardianship Tribunal and the Public Guardian (Supreme Court (NSW), Windeyer J, 29 November 1999, unrep)
P v NSW Trustee and Guardian [2015] NSWSC 579
Re B [2011] NSWSC 1075
Texts Cited: None cited.
Category: Principal judgment Parties: Guardianship Application
EZX (the person)
DAQ (applicant)
MYG (joined party, proposed guardian)
Public GuardianFinancial Management Application
EZX (the person)
DAQ (applicant)
MYG (joined party, proposed financial manager)
NSW Trustee and GuardianRepresentation: Nil.
File Number(s): NCAT 2020/00173290 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: Civil and Administrative Tribunal Act 2013 (NSW), s 65.
REASONS…
Continue reading EZX
Sign in free to access the full text
- AGLC
- EZX [2020] NSWCATGD 72
- Case
- [2020] NSWCATGD 72
- Decision Date
CaseChat Overview and Summary
The court considered the evidence provided and found that a guardianship and financial management order should be made. The court found that the individual's condition had deteriorated to the point where they were unable to manage their affairs and that the appointment of a guardian and financial manager was necessary. The court also found that the applicant, supported by the individual's family, was suitable to act as the guardian and financial manager. The court was satisfied that there was no undue conflict of interest and that the applicant and the individual's family could act in the best interests of the individual.
The court made a continuing guardianship order for a period of 12 months, appointing the applicant as the guardian. The court also made a financial management order, appointing the applicant as the financial manager. The court found that the individual was vulnerable to exploitation and at risk of homelessness, and that the appointment of a financial manager was necessary to manage their financial affairs. The court found that the applicant was suitable for the role of financial manager and that they could manage the individual's financial affairs in a way that was in the individual's best interests.
The court made orders appointing the applicant as the guardian and financial manager of the individual's affairs. The court made a continuing guardianship order for a period of 12 months, with the applicant having limited functions in relation to accommodation, health care, and services. The court also made a financial management order, appointing the applicant as the financial manager of the individual's estate. The court ordered that the financial manager was not authorised to deal with the estate until they had obtained all necessary authorities from the NSW Trustee and Guardian. The court ordered that the orders be reviewed by the Tribunal within 12 months.
Orders
Orders of the court
Guardianship
1. A guardianship order is made for EZX.
2. MYG of [Address removed for publication.] is appointed as the guardian.
3. This is a continuing guardianship order for a period of 12 months from 26 June 2020.
4. This is a limited guardianship order giving the guardian(s) custody of EZX to the extent necessary to carry out the functions below.
FUNCTIONS:
5. The guardian has the following functions:
a) Accommodation
To decide where EZX may reside.
b) Health care
To decide what health care EZX may receive.
c) Services
To make decisions about services to be provided to EZX.
CONDITION:
6. The condition of this order is:
a) Standard Condition
In exercising this role the guardian shall take all reasonable steps to bring EZX to an understanding of the issues and to obtain and consider his views before making significant decisions.
Financial Management
1. The estate of EZX is subject to management under the NSW Trustee and Guardian Act 2009 (NSW).
2. MYG of [Address removed for publication.] is appointed as the financial manager of the estate.
NOTE: The financial manager is not authorised to deal with the estate (other than to protect the assets) until he/she has obtained all necessary authorities from the NSW Trustee and Guardian.
3. This order be reviewed by the Tribunal within 12 months.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.