UZK - [2023] NSWCATGD 13

NSW Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation: UZK [2023] NSWCATGD 13
Hearing dates: 7 June 2023
Date of orders: 7 June 2023
Decision date: 07 June 2023
Jurisdiction: Guardianship Division
Before: R L Bailey, Senior Member (Legal)
Dr F Duffy, Senior Member (Professional)
K Clark, General Member (Community)
Decision:
Guardianship
1. A guardianship order is made for UZK.
2. BFN, of [Address removed for publication.], is appointed as the guardian.
3. This is a continuing guardianship order for a period of two years from 7 June 2023.
4. This is a limited guardianship order giving the guardian(s) custody of UZK to the extent necessary to carry out the functions below.
FUNCTIONS:
5. The guardian has the following functions:
a) Accommodation
To decide where UZK may reside.
b) Health care
To decide what health care UZK may receive.
c) Medical/Dental consent
To make substitute decisions about proposed minor or major medical or dental treatment, where UZK is not capable of giving a valid consent.
d) Services
To make decisions about services to be provided to UZK.
e) Legal services
To make decisions for UZK in relation to access to legal services.
f) Travel
To make decisions about whether or not UZK can travel to any place outside Australia.
g) Passport
To make a decision about whether or not the passport of UZK should be surrendered to the guardian or some other authority the guardian nominates pending a decision by the guardian concerning travel.
CONDITION:
6. The condition of this order is:
a) Standard Condition
In exercising this role, the guardian shall take all reasonable steps to bring UZK to an understanding of the issues and to obtain and consider her views before making significant decisions.
Financial Management
1. The estate of UZK is subject to management under the NSW Trustee and Guardian Act 2009 (NSW).
2. BFN, 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 – application for a guardianship order – whether a guardianship order should be made – 18-year-old subject person – NDIS participant – subject person previously under the care of the Minister for Communities and Justice until she turned 18 – subject person lives with former foster parents – history of coercion and exploitation by employer – need for decisions to be made about legal services to bring victims of crime compensation claim – need for decisions to be made about accommodation, health care, medical and dental consent, and services – need for decisions to be made in relation to passport and travel – private person suitable to be appointed – order made
FINANCIAL MANAGEMENT – application for a financial management order – whether subject person is incapable of managing their own affairs – loss of significant sums of money – vulnerability to exploitation…

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 UZK

Details

AGLC: UZK [2023] NSWCATGD 13
Case: [2023] NSWCATGD 13
Decision Date: 07 June 2023

CaseChat Overview and Summary

The matter before the court involved an application for a guardianship order and a financial management order in relation to UZK, an 18-year-old individual. UZK had previously been under the care of the Minister for Communities and Justice until they reached the age of 18, at which point they moved to live with their former foster parents. UZK is also a participant in the National Disability Insurance Scheme (NDIS). The court was required to determine whether a guardianship order should be made to assist UZK in making decisions related to various aspects of their life, including legal services, accommodation, health care, and travel. Additionally, the court needed to decide whether a financial management order should be made to protect UZK from exploitation and financial harm due to their vulnerability and previous loss of significant sums of money.

The court considered UZK's history of coercion and exploitation by their employer, as well as their need for assistance in making decisions related to legal services, accommodation, health care, and travel. The court found that UZK was unable to make these decisions for themselves due to their cognitive impairment and vulnerability to exploitation. The court also found that UZK's former foster parents were suitable to be appointed as their guardian and financial manager. The court made a guardianship order appointing BFN as UZK's guardian for a period of two years. The order gave the guardian various functions, including making decisions about UZK's accommodation, health care, medical and dental consent, services, legal services, and travel. The court also made a financial management order appointing BFN as UZK's financial manager.

The court's decision was based on UZK's need for assistance in making decisions related to various aspects of their life and their vulnerability to exploitation and financial harm. The court found that UZK's former foster parents were suitable to be appointed as their guardian and financial manager. The court made a guardianship order appointing BFN as UZK's guardian for a period of two years. The order gave the guardian various functions, including making decisions about UZK's accommodation, health care, medical and dental consent, services, legal services, and travel. The court also made a financial management order appointing BFN as UZK's financial manager. The court's orders were designed to protect UZK's interests and ensure that they received the support they needed to make decisions about their life and finances.

The final orders made by the court included a guardianship order appointing BFN as UZK's guardian for a period of two years. The order gave the guardian various functions, including making decisions about UZK's accommodation, health care, medical and dental consent, services, legal services, and travel. The court also made a financial management order appointing BFN as UZK's financial manager. The court's orders were designed to protect UZK's interests and ensure that they received the support they needed to make decisions about their life and finances. The court's decision was based on UZK's need for assistance in making decisions related to various aspects of their life and their vulnerability to exploitation and financial harm.

Orders

Orders of the court

Guardianship

1. A guardianship order is made for UZK.

2. BFN, of [Address removed for publication.], is appointed as the guardian.

3. This is a continuing guardianship order for a period of two years from 7 June 2023.

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

FUNCTIONS:

5. The guardian has the following functions:

a) Accommodation

To decide where UZK may reside.

b) Health care

To decide what health care UZK may receive.

c) Medical/Dental consent

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

d) Services

To make decisions about services to be provided to UZK.

e) Legal services

To make decisions for UZK in relation to access to legal services.

f) Travel

To make decisions about whether or not UZK can travel to any place outside Australia.

g) Passport

To make a decision about whether or not the passport of UZK should be surrendered to the guardian or some other authority the guardian nominates pending a decision by the guardian concerning travel.

CONDITION:

6. The condition of this order is:

a) Standard Condition

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

Financial Management

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

2. BFN, 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:	UZK [2023] NSWCATGD 13
Hearing dates:	7 June 2023
Date of orders:	7 June 2023
Decision date:	07 June 2023
Jurisdiction:	Guardianship Division
Before:	R L Bailey, Senior Member (Legal) Dr F Duffy, Senior Member (Professional) K Clark, General Member (Community)
Decision:	Guardianship 1. A guardianship order is made for UZK. 2. BFN, of [Address removed for publication.], is appointed as the guardian. 3. This is a continuing guardianship order for a period of two years from 7 June 2023. 4. This is a limited guardianship order giving the guardian(s) custody of UZK to the extent necessary to carry out the functions below. FUNCTIONS: 5. The guardian has the following functions: a) Accommodation To decide where UZK may reside. b) Health care To decide what health care UZK may receive. c) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where UZK is not capable of giving a valid consent. d) Services To make decisions about services to be provided to UZK. e) Legal services To make decisions for UZK in relation to access to legal services. f) Travel To make decisions about whether or not UZK can travel to any place outside Australia. g) Passport To make a decision about whether or not the passport of UZK should be surrendered to the guardian or some other authority the guardian nominates pending a decision by the guardian concerning travel. CONDITION: 6. The condition of this order is: a) Standard Condition In exercising this role, the guardian shall take all reasonable steps to bring UZK to an understanding of the issues and to obtain and consider her views before making significant decisions. Financial Management 1. The estate of UZK is subject to management under the NSW Trustee and Guardian Act 2009 (NSW). 2. BFN, 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 – application for a guardianship order – whether a guardianship order should be made – 18-year-old subject person – NDIS participant – subject person previously under the care of the Minister for Communities and Justice until she turned 18 – subject person lives with former foster parents – history of coercion and exploitation by employer – need for decisions to be made about legal services to bring victims of crime compensation claim – need for decisions to be made about accommodation, health care, medical and dental consent, and services – need for decisions to be made in relation to passport and travel – private person suitable to be appointed – order made FINANCIAL MANAGEMENT – application for a financial management order – whether subject person is incapable of managing their own affairs – loss of significant sums of money – vulnerability to exploitation…