LON [2017] NSWCATGD 26

LON [2017] NSWCATGD 26

The Tribunal had jurisdiction because Ms LON remained a resident of NSW despite intermittent stays in Queensland, and the review concerned the original NSW guardianship order. Ms LON continued to have moderate intellectual disability preventing important life decisions, was vulnerable and in precarious circumstances, and required a further limited guardianship order with specified functions including accommodation, advocacy, health care, medical and dental consent, services, and authorise-others powers. Ms BIQ was better able than the Public Guardian to exercise those functions and met the requirements for appointment as private guardian. Ms LON was incapable of managing her financial...

Jurisdiction
Australia
Judgment Date
27 October 2017
Procedural Posture
Guardianship Application, Statutory Review of Guardianship Order, and Financial Management Application / Hearing and Orders in the Guardianship Division of the NSW Civil and Administrative Tribunal
Outcome
Guardianship application dismissed following withdrawal; existing guardianship order reviewed and renewed with variation appointing Ms BIQ as private guardian for 1 year; financial management order made appointing Ms BIQ as financial manager of Ms LON's estate, to be reviewed within 12 months.
Legal Topics
['end of Term Review of Guardianship Order' 'jurisdiction' 'domestic Violence' 'risk to Safety and Pregnancy' 'private Guardian Appointment' 'vulnerability to Exploitation or Self Mismanagement' 'private Financial Manager Appointment']
['guardianship' 'financial Management'] ['end of Term Review of Guardianship Order' 'jurisdiction' 'domestic Violence' 'risk to Safety and Pregnancy' 'private Guardian Appointment' 'vulnerability to Exploitation or Self Mismanagement' 'private Financial Manager Appointment']

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Procedural Posture

Guardianship Application, Statutory Review of Guardianship Order, and Financial Management Application / Hearing and Orders in the Guardianship Division of the NSW Civil and Administrative Tribunal

Legal Issues

  1. 1 ['Whether the Tribunal had jurisdiction where Ms LON had recently travelled to and stayed in Queensland for short periods of time.' 'Whether Ms LON continued to have a disability which prevented her from making important life decisions.' 'Whether a further guardianship order should be made and what functions should be included.' 'Who should be appointed as guardian.' 'How long the guardianship order should last.' 'Whether Ms LON was incapable of managing her affairs.' "Whether there was a need for another person to manage Ms LON's affairs and whether a financial management order was in her best interests." 'Who should be appointed as financial manager.']

Ratio Decidendi

The Tribunal had jurisdiction because Ms LON remained a resident of NSW despite intermittent stays in Queensland, and the review concerned the original NSW guardianship order. Ms LON continued to have moderate intellectual disability preventing important life decisions, was vulnerable and in precarious circumstances, and required a further limited guardianship order with specified functions including accommodation, advocacy, health care, medical and dental consent, services, and authorise-others powers. Ms BIQ was better able than the Public Guardian to exercise those functions and met the requirements for appointment as private guardian. Ms LON was incapable of managing her financial...

Court Disposition

Guardianship application dismissed following withdrawal; existing guardianship order reviewed and renewed with variation appointing Ms BIQ as private guardian for 1 year; financial management order made appointing Ms BIQ as financial manager of Ms LON's estate, to be reviewed within 12 months.

Orders

  • ['The guardianship application was dismissed because Ms BIQ withdrew the application and the Tribunal consented.' 'The guardianship order for Ms LON made on 25 November 2016 was reviewed.' 'Ms BIQ is appointed as the guardian.' 'This is a continuing guardianship order for a period of 1 year from 27 October 2017.'...