Zoe (a pseudonym) - [2025] NSWCATGD 7

NSW Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation: Zoe (a pseudonym) [2025] NSWCATGD 7
Hearing dates: 27 June 2025
Date of orders: 4 July 2025
Decision date: 04 July 2025
Jurisdiction: Guardianship Division
Before: S L Handebo, Principal Member
Dr M Kyriagis, Senior Member (Professional)
A Healy, General Member (Community)
Decision:
FINANCIAL MANAGEMENT APPLICATION
1. The estate of Zoe is subject to management under the NSW Trustee and Guardian Act 2009 (NSW).
2. The management of the estate of Zoe is committed to the NSW Trustee and Guardian.
3. This order be reviewed by the Tribunal within 12 months.
GUARDIANSHIP APPLICATION
1. A guardianship order is made for Zoe.
2. The Public Guardian is appointed as the guardian.
3. This is a continuing guardianship order for a period of 12 months from 4 July 2025.
4. This is a limited guardianship order giving the guardian(s) custody of Zoe to the extent necessary to carry out the functions below.
FUNCTIONS:
5. The guardian has the following functions:
a) Access
To decide what access Zoe has to others and the conditions of access.
b) Accommodation
To decide where Zoe may reside.
c) Health care
To decide what health care Zoe may receive.
d) Services
To make decisions about services to be provided to Zoe.
CONDITIONS:
6. The condition of this order is:
a) Standard Condition
In exercising this role the guardian shall take all reasonable steps to bring Zoe to an understanding of the issues and to obtain and consider her views before making significant decisions.
REVIEW OF ENDURING GUARDIANSHIP APPOINTMENT
In relation to the enduring guardian appointment made by Zoe on 18 September 2024 appointing Isobel, the Tribunal orders, directs or declares:
The appointment of Isobel as an enduring guardian is revoked.
REVIEW OF ENDURING POWER OF ATTORNEY
In relation to the enduring power of attorney made by Zoe on 18 September 2024 which appointed Isobel as attorney, the Tribunal determines, orders or declares:
Not to carry out a review of the enduring power of attorney.

Catchwords:
GUARDIANSHIP – review of an enduring guardianship appointment – guardianship application – whether the subject person is in need of a guardian – person of advanced age – no evidence of a cognitive disorder – concerns regarding functional capacity – subject person entirely dependent on their guardian for all lifestyle and financial matters – concerns of significant neglect and control –accommodation decisions needing to be made – hoarding – evidence from the Ageing and Disability Commission regarding squalor of home – the subject person is in need of a guardian – who should be the guardian – current enduring guardian deemed unsuitable – enduring guardianship revoked – Public Guardian appointed.
FINANCIAL MANAGEMENT – review of enduring power of attorney – no evidence that the subject person lacked the legal capacity to make an enduring power of attorney – no evidence that the enduring attorney acted improperly in her role – Tribunal declined to review the making, operation or effect of the…

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 Zoe (a pseudonym)

Details

AGLC: Zoe (a pseudonym) [2025] NSWCATGD 7
Case: [2025] NSWCATGD 7
Decision Date: 04 July 2025

CaseChat Overview and Summary

The matter before the Tribunal involved a review of an enduring guardianship appointment and an application for guardianship of a person identified as Zoe, a pseudonym. The dispute centred around whether Zoe was in need of a guardian and, if so, who should be appointed to that role. Additionally, there was a financial management application concerning Zoe's financial affairs. The Tribunal was tasked with deciding the suitability of the existing enduring guardian, Isobel, and determining whether Zoe required a new guardian, as well as reviewing the enduring power of attorney.

The legal issues before the Tribunal included whether Zoe was in need of a guardian, given her advanced age and concerns about her functional capacity. The Tribunal also had to consider the evidence of neglect and control by Isobel, the current enduring guardian, as well as the squalid conditions of Zoe's home. Furthermore, the Tribunal needed to decide whether the enduring power of attorney should be reviewed and whether Zoe was capable of managing her financial affairs.

The Tribunal found that Zoe was indeed in need of a guardian due to her dependency on others for all lifestyle and financial matters, and the evidence of neglect and control. Isobel, the existing enduring guardian, was deemed unsuitable, leading to the revocation of her appointment. Consequently, the Public Guardian was appointed as Zoe's new guardian. Regarding the financial management application, the Tribunal concluded that Zoe was incapable of managing her financial affairs, resulting in the NSW Trustee being appointed as financial manager of Zoe's estate. The Tribunal declined to review the making, operation, or effect of the enduring power of attorney as there was no evidence of impropriety by Isobel in her role as attorney.

The final orders of the Tribunal included appointing the Public Guardian as Zoe's new guardian, revoking Isobel's enduring guardian appointment, and committing Zoe's estate to the management of the NSW Trustee. These orders were to be reviewed within 12 months. The Public Guardian was granted limited guardianship functions, including decisions regarding access, accommodation, health care, and services for Zoe. The Tribunal also imposed a condition that the guardian must consider Zoe's views before making significant decisions.

Orders

Orders of the court

FINANCIAL MANAGEMENT APPLICATION

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

2. The management of the estate of Zoe is committed to the NSW Trustee and Guardian.

3. This order be reviewed by the Tribunal within 12 months.

GUARDIANSHIP APPLICATION

1. A guardianship order is made for Zoe.

2. The Public Guardian is appointed as the guardian.

3. This is a continuing guardianship order for a period of 12 months from 4 July 2025.

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

FUNCTIONS:

5. The guardian has the following functions:

a) Access

To decide what access Zoe has to others and the conditions of access.

b) Accommodation

To decide where Zoe may reside.

c) Health care

To decide what health care Zoe may receive.

d) Services

To make decisions about services to be provided to Zoe.

CONDITIONS:

6. The condition of this order is:

a) Standard Condition

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

REVIEW OF ENDURING GUARDIANSHIP APPOINTMENT

In relation to the enduring guardian appointment made by Zoe on 18 September 2024 appointing Isobel, the Tribunal orders, directs or declares:

The appointment of Isobel as an enduring guardian is revoked.

REVIEW OF ENDURING POWER OF ATTORNEY

In relation to the enduring power of attorney made by Zoe on 18 September 2024 which appointed Isobel as attorney, the Tribunal determines, orders or declares:

Not to carry out a review of the enduring power of attorney.

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:	Zoe (a pseudonym) [2025] NSWCATGD 7
Hearing dates:	27 June 2025
Date of orders:	4 July 2025
Decision date:	04 July 2025
Jurisdiction:	Guardianship Division
Before:	S L Handebo, Principal Member Dr M Kyriagis, Senior Member (Professional) A Healy, General Member (Community)
Decision:	FINANCIAL MANAGEMENT APPLICATION 1. The estate of Zoe is subject to management under the NSW Trustee and Guardian Act 2009 (NSW). 2. The management of the estate of Zoe is committed to the NSW Trustee and Guardian. 3. This order be reviewed by the Tribunal within 12 months. GUARDIANSHIP APPLICATION 1. A guardianship order is made for Zoe. 2. The Public Guardian is appointed as the guardian. 3. This is a continuing guardianship order for a period of 12 months from 4 July 2025. 4. This is a limited guardianship order giving the guardian(s) custody of Zoe to the extent necessary to carry out the functions below. FUNCTIONS: 5. The guardian has the following functions: a) Access To decide what access Zoe has to others and the conditions of access. b) Accommodation To decide where Zoe may reside. c) Health care To decide what health care Zoe may receive. d) Services To make decisions about services to be provided to Zoe. CONDITIONS: 6. The condition of this order is: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring Zoe to an understanding of the issues and to obtain and consider her views before making significant decisions. REVIEW OF ENDURING GUARDIANSHIP APPOINTMENT In relation to the enduring guardian appointment made by Zoe on 18 September 2024 appointing Isobel, the Tribunal orders, directs or declares: The appointment of Isobel as an enduring guardian is revoked. REVIEW OF ENDURING POWER OF ATTORNEY In relation to the enduring power of attorney made by Zoe on 18 September 2024 which appointed Isobel as attorney, the Tribunal determines, orders or declares: Not to carry out a review of the enduring power of attorney.
Catchwords:	GUARDIANSHIP – review of an enduring guardianship appointment – guardianship application – whether the subject person is in need of a guardian – person of advanced age – no evidence of a cognitive disorder – concerns regarding functional capacity – subject person entirely dependent on their guardian for all lifestyle and financial matters – concerns of significant neglect and control –accommodation decisions needing to be made – hoarding – evidence from the Ageing and Disability Commission regarding squalor of home – the subject person is in need of a guardian – who should be the guardian – current enduring guardian deemed unsuitable – enduring guardianship revoked – Public Guardian appointed. FINANCIAL MANAGEMENT – review of enduring power of attorney – no evidence that the subject person lacked the legal capacity to make an enduring power of attorney – no evidence that the enduring attorney acted improperly in her role – Tribunal declined to review the making, operation or effect of the…