IBX

[2014] NSWCATGD 3

NSW Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

IBX [2014] NSWCATGD 3

Hearing dates:

24 January 2014

Decision date:

24 January 2014

Jurisdiction:

Guardianship Division

Before:

D'Arcy J, Senior Member (Legal)
Hollis J, Senior Member (Professional)
Circuitt M, General Member (Community)

Decision:

Limited guardianship order made for a period of 12 months; Public Guardian appointed with accommodation, services, health care and medical and dental consent functions.

Financial management order made with exclusion of pension; NSW Trustee and Guardian appointed.

Catchwords:

GUARDIANSHIP - application for guardianship order - subject person refusing services and accommodation decisions - subject person objecting to order - limited guardianship order.

FINANCIAL MANAGEMENT - application for financial management order - sale of property - capacity to instruct solicitor - vulnerability to exploitation - order made with exclusion.

Legislation Cited:

Guardianship Act 1987 (NSW)

Cases Cited:

Re GHI (a protected person) [2005] NSWSC 581
PY v RJS [1982] 2 NSWLR 700
H v H (unreported) NSW Supreme Court 20 March 2000
McD v McD (1983) 3 NSWLR 81

Category:

Principal judgment

Parties:

Mr IBX
Mrs FNN (Applicant)
Ms KAO (Applicant)
The Public Guardian
The NSW Trustee and Guardian

File Number(s):

55336

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 (s 65, Civil and Administrative Tribunal Act 2013 (NSW)).

reasons for decision

1. The Tribunal appointed the Public Guardian as Mr IBX's guardian for a period of 12 months to make decisions on his behalf about his accommodation, services, health care and consent to medical and dental treatment as set out in the Tribunal's Order.

1. The Tribunal committed the estate of Mr IBX to the NSW Trustee and Guardian.

Background

1. Mr IBX is an 85-year-old man of Austrian background. For the past 20 years he has lived alone on a property in regional NSW which is jointly owned with his friend, Mr SED. He is said to have limited social contacts and is reported to have dementia.

1. On 27 December 2013 Mr IBX was admitted to regional hospital A following a fall.

1. On 16 January 2014 Ms KAO, social worker, regional hospital A, applied for the NSW Trustee to be appointed as his financial manager because a purchaser had been found for the property and the sale of the property jointly owned by him and Mr SED was imminent.

1. On 22 January 2014 Mrs FNN, manager, Service Provider Z applied for the Public Guardian to be appointed as Mr IBX's guardian because his failing health and mobility prevent him from living on the property where there is no power, no running water and an infestation of beetles in his bedding and around his home. He is a major falls risk. When his living conditions are discussed with him he threatens to leave to live in Austria.

1. A list of parties to the review and witnesses at the hearing is attached as an appendix to these…