PV v NSW Trustee and Guardian

Administrative Decisions Tribunal

New South Wales

Medium Neutral Citation:	PV v NSW Trustee and Guardian [2011] NSWADT 89
Hearing dates:	9 February 2011
Decision date:	04 May 2011
Jurisdiction:	General Division
Before:	J Millar, Judicial Member
Decision:	Affirmed
Catchwords:	NSW Trustee & Guardian - Powers as to Property - Proposed Sale of Residence
Legislation Cited:	NSW Trustee & Guardian Act, 2009 Administrative Decisions Tribunal Act, 1997
Cases Cited:	Protective Commissioner v. D & Ors (2004) NSWCA 216
Texts Cited:	Nil
Category:	Principal judgment
Parties:	PV (applicant) NSW Trustee & Guardian (respondent)
Representation:	In person (applicant) Ms C Phang (respondent)
File Number(s):	103193
Publication restriction:	Nil

Judgment

A. INTRODUCTION

1. These proceedings were commenced on 17 August 2010 by the Applicant, PV, filing an Application for Review of a decision made by the NSW Trustee and Guardian that a residential property in Sydney owned by PV's mother should be sold. The background circumstances to the making of that decision are as follows.

1. PV's mother is approximately 93 of age. She has three sons including PV. PV's siblings took no part in the proceedings. PV.'s mother owns a property in Sydney which was the family home for many years and the home in which she resided before she became resident in nursing home accommodation from 2007. She is presently accommodated at the Garrawarra Aged Care Centre.

1. PV's mother was the subject of guardianship and financial management proceedings in the Guardianship Tribunal of New South Wales as a result of which an Order was made on 24 July 2007 appointing the Public Guardian as her guardian and orders were made placing her estate subject to management under the Protected Estate's Act, 1983 and committing management of the estate to the Protective Commissioner. Following the enactment of the NSW Trustee and Guardian Act, 2009 the NSW Trustee and Guardian is now charged with the management of her estate.

1. On 6 November 2009 the NSW Trustee and Guardian made a decision to sell the residence. On that date a letter was forwarded to PV informing him of the decision and indicating that the decision had been made because his mother was now residing permanently at the aged care centre and the sale proceeds would ensure that she had sufficient funds in order to meet her needs for care and comfort. It was also noted that she had not visited the property since June 2009 and that her care needs may prevent her from having further stays at the property. As it appeared, in the opinion of the Protective Commission, that she no longer derived benefit from her property, the sale of the property was a decision which would be in her best interests.

1. Following the making of that decision, PV and one of his brothers requested review of the decision. The internal review of the decision was undertaken by Elaine Tamblyn, Assistant Director, Client Services Branch, and on 14 December 2009 the Applicant was advised in writing of the decision made by Ms Tamblyn. A Statement…