Re George & Hilda (Guardianship)

The case of Re George & Hilda (Guardianship) involved a dispute regarding the appointment of a guardian for George and Hilda, two protected persons under the Guardianship and Management of Property Act (GMP Act). Mark applied for a review of the appointment of Sally as the guardian and manager of George and Hilda. The Australian Capital Territory Civil and Administrative Tribunal (ACAT) reviewed the appointment and confirmed the previous tribunal's decision that Sally was suitable for the role.

The primary legal issue before the court was whether Sally was a suitable person to be appointed as the guardian and manager of George and Hilda. The court was required to consider the criteria outlined in section 10 of the GMP Act, including the compatibility of Sally with the protected persons, her availability and accessibility, and whether her interests and duties were likely to conflict with the protected persons' interests. The court also needed to consider the desirability of preserving existing relationships with family and any other carers, as well as the views and wishes of George and Hilda.

The court found that Sally was a suitable person to be appointed as the guardian and manager of George and Hilda, having regard to the considerations in section 10 of the GMP Act. The previous tribunal had the benefit of speaking with both the protected persons, neither of whom were able to attend before this Tribunal. The court also noted that the previous tribunal had considered the interests and duties of Sally and found that they were not likely to conflict with the interests of George and Hilda to the detriment of their interests. Additionally, the court found that the previous tribunal had given appropriate consideration to the desirability of preserving existing relationships with family and any other carers, as well as the views and wishes of George and Hilda.

The tribunal ordered that the orders under review, being the orders of 11 February 2022, confirming the appointment of Sally as guardian and manager, are reviewed and confirmed. The tribunal also directed that where Mark seeks reimbursement for expenses he has incurred in relation to the care and treatment of the protected person, he must provide Sally with an original receipt or a clear and complete copy of the full original receipt in respect of each expense, provide a bundle of receipts to Sally on not less than a fortnightly basis, include a covering document that lists the receipts attached, and leave the bundle at either the protected person's home or send it by post or email to Sally at a nominated address. Finally, the tribunal directed that Mark is not to make a further application for review of this appointment without the leave of the tribunal.