YJD [2024] NSWCATGD 18

YJD [2024] NSWCATGD 18

The Tribunal found that Noel is a person in need of a guardian and incapable of managing his own affairs due to cognitive impairment (Alzheimer's dementia and vascular disease). The Tribunal determined that the ongoing conflict between Violet and Susan rendered their co-appointment unworkable and that management of Noel's affairs was not satisfactory under current appointments. Violet was found to be suitable to be appointed as both guardian and financial manager. For the guardianship matter, the Tribunal treated Violet's application as an application for a guardianship order, made an order for 12 months with powers over accommodation, health care, medical/dental consent, and services. In...

Parties
The Person: Noel; Applicant, Carer, Enduring Guardian (appointed as Guardian and Financial Manager): Violet; Enduring Attorney, Enduring Guardian, Respondent: Susan; Enduring Guardian, Attorney, Proposed Financial Manager/guardian: Ms Timms; Interested Party: NSW Trustee and Guardian; Interested Party: Public Guardian; Separate Representative for Noel: B Lu
Jurisdiction
Australia
Judgment Date
03 April 2024
Procedural Posture
Guardianship and Financial Management Review / Hearing and Final Determination
Outcome
Guardianship and financial management orders made; application for review of Enduring Power of Attorney treated as financial management order.
Legal Topics
Review of Enduring Guardian, Appointment of Guardian, Enduring Power of Attorney, Financial Management Order, Capacity Assessment, Dispute Among Family Attorneys/guardians
Guardianship Law Powers of Attorney Civil Procedure Review of Enduring Guardian Appointment of Guardian Enduring Power of Attorney Financial Management Order Capacity Assessment +1 more

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Parties

Noel

The Person

Violet

Applicant, Carer, Enduring Guardian (appointed as Guardian and Financial Manager)

Susan

Enduring Attorney, Enduring Guardian, Respondent

Ms Timms

Enduring Guardian, Attorney, Proposed Financial Manager/guardian

NSW Trustee and Guardian

Interested Party

Public Guardian

Interested Party

B Lu

Separate Representative for Noel

Procedural Posture

Guardianship and Financial Management Review / Hearing and Final Determination

Legal Issues

  1. 1 Whether Noel is a person in need of a guardian under the Guardianship Act 1987 (NSW)
  2. 2 Whether the Tribunal should appoint a guardian for Noel, and if so, who
  3. 3 Whether a financial management order should be made under the Guardianship Act 1987 (NSW)

Ratio Decidendi

The Tribunal found that Noel is a person in need of a guardian and incapable of managing his own affairs due to cognitive impairment (Alzheimer's dementia and vascular disease). The Tribunal determined that the ongoing conflict between Violet and Susan rendered their co-appointment unworkable and that management of Noel's affairs was not satisfactory under current appointments. Violet was found to be suitable to be appointed as both guardian and financial manager. For the guardianship matter, the Tribunal treated Violet's application as an application for a guardianship order, made an order for 12 months with powers over accommodation, health care, medical/dental consent, and services. In...

Court Disposition

Guardianship and financial management orders made; application for review of Enduring Power of Attorney treated as financial management order.

Orders

  • Violet appointed as guardian for Noel for 12 months from 26 February 2024 with authority for accommodation, health care, medical/dental consent, and services.
  • Violet appointed as financial manager of Noel's estate; estate subject to management under the NSW Trustee and Guardian Act 2009 (NSW).