Geoff (a pseudonym) - [2024] NSWCATGD 19

NSW Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation: Geoff (a pseudonym) [2024] NSWCATGD 19
Hearing dates: 29 November 2024
Date of orders: 29 November 2024
Decision date: 29 November 2024
Jurisdiction: Guardianship Division
Before: A Britton, Deputy President
Associate Professor M C N Cigolini, Senior Member (Professional)
P A Rutledge AM, General Member (Community)
Decision:
Guardianship
1. A guardianship order is made for Geoff.
2. Lisa, of [address removed for publication], is appointed as the guardian.
3. This is a continuing guardianship order for a period of 12 months from 29 November 2024.
4. This is a limited guardianship order giving the guardian(s) custody of Geoff to the extent necessary to carry out the functions below.
FUNCTIONS:
5. The guardian has the following functions:
a) Accommodation
To decide where Geoff may reside.
b) The guardian may authorise others including members of NSW Police and the Ambulance Service of NSW to:
i) take Geoff to a place approved by the guardian.
ii) keep him at that place.
iii) return him to that place should he leave it.
c) Health care
To decide what health care Geoff may receive.
d) Medical/Dental consent
To make substitute decisions about proposed minor or major medical or dental treatment, where Geoff is not capable of giving a valid consent.
e) Services
To make decisions about services to be provided to Geoff.
CONDITION:
6. The condition of this order is:
a) Standard Condition
In exercising this role the guardian shall take all reasonable steps to bring Geoff to an understanding of the issues and to obtain and consider his views before making significant decisions.
Financial Management
1. The estate of Geoff is subject to management under the NSW Trustee and Guardian Act 2009 (NSW).
2. Lisa, 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.

Catchwords:
GUARDIANSHIP – 87-year-old subject person in hospital awaiting discharge – subject person assessed to be a hoarder – application for a guardianship order – consideration of adjournment – subject person opposed to the making of a guardianship order – consideration of whether separated partner constituted a spouse for the purposes of s 14(2)(a)(ii) of the Guardianship Act 1987 (NSW) – whether relationship is close and continuing – concern that subject person will resist accommodation decisions made upon discharge from hospital – authorise others function granted – private guardian appointed – order made
FINANCIAL MANAGEMENT – application for a financial management order – whether subject person is capable of managing their own affairs – allegations of financial exploitation and vulnerability – subject person unable to manage his own finances – private manager appointed – order made

Legislation Cited:
Civil and Administrative Tribunal Act 2013 (NSW)
Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14(2), 14(2)(a)(ii), 17(1), 17(1)(c), 25G, 25G(a)

Cases Cited:
P v NSW…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Geoff (a pseudonym)

Details

AGLC: Geoff (a pseudonym) [2024] NSWCATGD 19
Case: [2024] NSWCATGD 19
Decision Date: 29 November 2024

CaseChat Overview and Summary

The case involved an 87-year-old man, Geoff, who was in hospital awaiting discharge. There were concerns that he had hoarding issues and was vulnerable to financial exploitation. His partner, Lisa, applied for a guardianship and financial management order. Geoff opposed the application. The court had to decide if Lisa was considered a spouse for the purposes of the Guardianship Act 1987 (NSW) and if so, whether the relationship was close and continuing. The court also needed to determine if Geoff was capable of managing his own affairs and, if not, who should be appointed as his guardian and financial manager.

The court found that Lisa and Geoff had a close and continuing relationship and that she was, therefore, a spouse under the Guardianship Act. The court was concerned that Geoff would resist decisions about his accommodation upon discharge from hospital. The court concluded that it was in Geoff’s best interests to make a guardianship order. The court also found that Geoff was unable to manage his own affairs and appointed a private manager for his financial affairs. The court made a limited guardianship order and a financial management order.

The court made a guardianship order for Geoff, appointing Lisa as his guardian for a period of 12 months. The court gave the guardian functions relating to accommodation, health care, medical and dental consent, and services. The court also made a financial management order, appointing Lisa as the financial manager. The court noted that the financial manager was not authorised to deal with the estate until she obtained all necessary authorities from the NSW Trustee and Guardian.

Orders

Orders of the court

Guardianship

1. A guardianship order is made for Geoff.

2. Lisa, of [address removed for publication], is appointed as the guardian.

3. This is a continuing guardianship order for a period of 12 months from 29 November 2024.

4. This is a limited guardianship order giving the guardian(s) custody of Geoff to the extent necessary to carry out the functions below.

FUNCTIONS:

5. The guardian has the following functions:

a) Accommodation

To decide where Geoff may reside.

b) The guardian may authorise others including members of NSW Police and the Ambulance Service of NSW to:

i) take Geoff to a place approved by the guardian.

ii) keep him at that place.

iii) return him to that place should he leave it.

c) Health care

To decide what health care Geoff may receive.

d) Medical/Dental consent

To make substitute decisions about proposed minor or major medical or dental treatment, where Geoff is not capable of giving a valid consent.

e) Services

To make decisions about services to be provided to Geoff.

CONDITION:

6. The condition of this order is:

a) Standard Condition

In exercising this role the guardian shall take all reasonable steps to bring Geoff to an understanding of the issues and to obtain and consider his views before making significant decisions.

Financial Management

1. The estate of Geoff is subject to management under the NSW Trustee and Guardian Act 2009 (NSW).

2. Lisa, 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.

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.

Medium Neutral Citation:	Geoff (a pseudonym) [2024] NSWCATGD 19
Hearing dates:	29 November 2024
Date of orders:	29 November 2024
Decision date:	29 November 2024
Jurisdiction:	Guardianship Division
Before:	A Britton, Deputy President Associate Professor M C N Cigolini, Senior Member (Professional) P A Rutledge AM, General Member (Community)
Decision:	Guardianship 1. A guardianship order is made for Geoff. 2. Lisa, of [address removed for publication], is appointed as the guardian. 3. This is a continuing guardianship order for a period of 12 months from 29 November 2024. 4. This is a limited guardianship order giving the guardian(s) custody of Geoff to the extent necessary to carry out the functions below. FUNCTIONS: 5. The guardian has the following functions: a) Accommodation To decide where Geoff may reside. b) The guardian may authorise others including members of NSW Police and the Ambulance Service of NSW to: i) take Geoff to a place approved by the guardian. ii) keep him at that place. iii) return him to that place should he leave it. c) Health care To decide what health care Geoff may receive. d) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where Geoff is not capable of giving a valid consent. e) Services To make decisions about services to be provided to Geoff. CONDITION: 6. The condition of this order is: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring Geoff to an understanding of the issues and to obtain and consider his views before making significant decisions. Financial Management 1. The estate of Geoff is subject to management under the NSW Trustee and Guardian Act 2009 (NSW). 2. Lisa, 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.
Catchwords:	GUARDIANSHIP – 87-year-old subject person in hospital awaiting discharge – subject person assessed to be a hoarder – application for a guardianship order – consideration of adjournment – subject person opposed to the making of a guardianship order – consideration of whether separated partner constituted a spouse for the purposes of s 14(2)(a)(ii) of the Guardianship Act 1987 (NSW) – whether relationship is close and continuing – concern that subject person will resist accommodation decisions made upon discharge from hospital – authorise others function granted – private guardian appointed – order made FINANCIAL MANAGEMENT – application for a financial management order – whether subject person is capable of managing their own affairs – allegations of financial exploitation and vulnerability – subject person unable to manage his own finances – private manager appointed – order made
Legislation Cited:	Civil and Administrative Tribunal Act 2013 (NSW) Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14(2), 14(2)(a)(ii), 17(1), 17(1)(c), 25G, 25G(a)
Cases Cited:	P v NSW…