FX v NSW Trustee and Guardian

Administrative Decisions Tribunal

New South Wales

Medium Neutral Citation:	FX v NSW Trustee and Guardian [2013] NSWADTAP 19
Hearing dates:	14 December 2012
Decision date:	26 April 2013
Jurisdiction:	Appeal Panel - Internal
Before:	Judge K P O'Connor, President S Montgomery, Judicial Member B Field, Non-judicial Member
Decision:	Appeal Dismissed
Catchwords:	PROTECTED PERSONS - Application by son who was former carer for review of decisions of NSW Trustee as appointed financial manager; and the Public Guardian as appointed guardian - Tribunal affirmed decisions - Appeal - Tribunal's reasons adequate - Procedure fair - Restricted access appropriate - Updated financial statement considered - Sale of home appropriate - Appeal dismissed
Legislation Cited:	Administrative Decisions Tribunal Act 1997
Cases Cited:	FX v NSW Trustee and Guardian [2012] NSWADT 184
Category:	Principal judgment
Parties:	FX (Appellant) NSW Trustee and Guardian (Respondent)
Representation:	In person (Applicant) Mr D French (Respondent)
File Number(s):	129033
Decision under appeal	Citation: FX v NSW Trustee and Guardian [2012] NSWADT 184 Date of Decision: 2012-09-05 00:00:00 Before: General Division File Number(s): 123022 and 123121

reasons for decision

1. Persons with an interest in the welfare of protected persons may apply to this Tribunal for review of administrative decisions affecting those persons made by the NSW Trustee and Guardian where that office has been appointed financial manager or guardian by the Guardianship Tribunal.

1. The appellant, FX, is the son of a protected person, FW. He applied to the Tribunal for review of two decisions, one relating to access to her, the other relating to a decision to sell her home to fund her care needs. The Tribunal upheld the decisions. He now appeals.

Background

1. FW is an elderly woman who has moderate to severe dementia, and other ailments. She was first diagnosed in 1994, and from 1994-2010 she lived at home, with FX as her carer. She first went into an aged care facility on 1 August 2010, on a respite basis. This arrangement ended on 11 November 2010 when FX removed her and took her home, without the knowledge of the care facility.

1. At the time there was an application for a guardianship order before the Guardianship Tribunal initiated by FX's sister, from whom it is said that he is estranged. On 16 November 2010 the Guardianship Tribunal made a temporary order vesting responsibility for her accommodation and related functions in the Public Guardian. The order was extended for six weeks on 14 December 2010, and was extended for a further 12 months on 19 January 2011. It included an additional function allowing the Public Guardian to 'decide what access [FW] has to others and the conditions of access'.

1. In February 2011 the Public Guardian decided to relocate her to a more suitable high care facility located in another town, about 120 km away from the first town, about 50 kms away in the other direction from her home town.

1. The Public Guardian was also given authority under a later order of the Guardianship Tribunal to regulate access to FW.