FX v NSW Trustee and Guardian

Administrative Decisions Tribunal

New South Wales

Medium Neutral Citation:	FX v NSW Trustee and Guardian and anor [2012] NSWADT 184
Hearing dates:	30 March 2012, 31 July 2012 and 14 August 2012
Decision date:	05 September 2012
Jurisdiction:	General Division
Before:	P H Molony, Judicial Member
Decision:	The decisions under review are affirmed.
Catchwords:	Guardianship -access to protected person NSW Trustee and Guardian - sale of home
Legislation Cited:	Administrative Decisions Tribunal Act 1997 Guardianship Act 1987 NSW Trustee and Guardian Act 2009
Cases Cited:	Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 FW and FX v Protective Commissioner [2009] NSWADT 36 FX v NSW Trustee and Guardian (GD) [2009] NSWADTAP 61 FX v NSW Trustee and Guardian (External) [2011] NSWADTAP 5 FX v NSW Trustee and Guardian (External) [2011] NSWADTAP 31 K v K [2000] NSWSC 1052
Category:	Principal judgment
Parties:	FX (Applicant) NSW Trustee and Guardian (Respondent in 123022) The Public Guardian (Respondent in 123121)
Representation:	FX (Applicant, in person) D French (Respondent)
File Number(s):	123022 and 123121
Publication restriction:	Section 126 Administrative Decisions Tribunal Act 1997

REASONS FOR DECISION

Introduction

1. FW is an 83 old woman who has been a high care, permanent resident of a nursing home in a country NSW since February 2011. She is reported to have moderate to severe dementia, to be doubly incontinent, and to be reliant on others for her care. She suffers from heart disease, stress and anxiety. She is recovering from colorectal cancer. According to her son, FX, FW was first diagnosed with dementia in 1994.

1. FX cared for FW for some years prior to her admissions to care in August 2010. FW also has a daughter, OS. FX and his sister are estranged. According to FX, FW is also estranged from her daughter. There has been Supreme Court litigation involving all three of them concerning the estate of FW's late husband and the provisions made for her.

1. On 1 August 2001 the Guardianship Tribunal made an interim financial management order for FW, and committed the management of her estate to the Protective Commissioner (now the NSW Trustee and Guardian). A final financial management order appointing the Protective Commissioner was made on 17 April 2002.

1. Since 2010 there have been a series of proceedings in the Guardianship Tribunal, this Tribunal, and the Court of Appeal concerning FW's welfare and estate.

1. On 21 May 2010 the Guardianship Tribunal dismissed FX's application to review the financial management order relating to his mother, and confirmed to appointment of the NSW Trustee and Guardian as her financial manager.

1. On 16 November 2012 the Guardianship Tribunal made a temporary guardianship order appointing the Public Guardian as FW's guardian for one month with the functions of accommodation (including coercive powers), health care, medical and dental consents and services. OS made that application. The temporary order was made following FX removing his mother from a respite facility, in circumstances where he had previously said he had no intention of doing so, without…