NSD [2016] NSWCATGD 20

NSD [2016] NSWCATGD 20

Mrs NSD had impaired capacity, limited insight into her medical needs, and short-term memory loss, and she had refused or was likely to refuse necessary medical care. After considering the mandatory matters, the Tribunal found that a guardianship order was needed and that Mr KRN, who had been her carer, was supported by the family, had a compatible personality, no undue conflict of interest, and was willing and able to act, should be appointed. The Tribunal also found Mrs NSD incapable of managing her financial affairs, that there was a need and it was in her best interests for a financial management order to be made, and that Mr KRN was a suitable private financial manager despite an...

Jurisdiction
Australia
Judgment Date
23 February 2016
Procedural Posture
Guardianship Application and Financial Management Application / Final Hearing; Guardianship and Financial Management Orders Made
Outcome
Guardianship order made; financial management order made.
Legal Topics
['application for Guardianship Order' 'person in Need of a Guardian' 'capacity to Make Important Life Decisions' 'medical Treatment Consent and Power to Override Objections' 'appointment of Private Guardian' 'application for Financial Management Order' 'appointment of Private Financial Manager']
['guardianship' 'financial Management'] ['application for Guardianship Order' 'person in Need of a Guardian' 'capacity to Make Important Life Decisions' 'medical Treatment Consent and Power to Override Objections' 'appointment of Private Guardian' 'application for Financial Management Order' 'appointment of Private Financial Manager']

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Procedural Posture

Guardianship Application and Financial Management Application / Final Hearing; Guardianship and Financial Management Orders Made

Legal Issues

  1. 1 ['Whether Mrs NSD had a disability preventing her from making important life decisions so that the Tribunal could make a guardianship order.' 'Whether a guardianship order should be made and what functions should be conferred.' 'Whether Mr KRN should be appointed as private guardian.' 'How long the guardianship order should last.' 'Whether Mrs NSD was incapable of managing her affairs.' "Whether there was a need for another person to manage Mrs NSD's affairs and whether a financial management order was in her best interests." 'Whether Mr KRN should be appointed as financial manager.']

Ratio Decidendi

Mrs NSD had impaired capacity, limited insight into her medical needs, and short-term memory loss, and she had refused or was likely to refuse necessary medical care. After considering the mandatory matters, the Tribunal found that a guardianship order was needed and that Mr KRN, who had been her carer, was supported by the family, had a compatible personality, no undue conflict of interest, and was willing and able to act, should be appointed. The Tribunal also found Mrs NSD incapable of managing her financial affairs, that there was a need and it was in her best interests for a financial management order to be made, and that Mr KRN was a suitable private financial manager despite an...

Court Disposition

Guardianship order made; financial management order made.

Orders

  • ["Mr KRN appointed as Mrs NSD's guardian for 12 months." 'The guardianship functions conferred were accommodation, including authorising others and including hospital or other aged care facility, health care, medical and dental treatment with authority to override objections, and services.' "Mr KRN appointed as Mrs...