KZD [2020] NSWCATGD 18

KZD [2020] NSWCATGD 18

KZD remains a person in need of a guardian due to advanced dementia and incapacity to make key decisions. The Tribunal renewed and varied the guardianship order, appointing XEC as private guardian with functions limited to accommodation, health care, and medical/dental consent for six months. The application to withdraw the financial management application was refused; operation of the enduring power of attorney was found ineffective. A financial management order was made with XEC appointed as financial manager, such order to be reviewed within six months, based upon the paramountcy of KZD's welfare and the suitability of XEC given his relationship and practical experience.

Parties
The Person: KZD; Applicant: DYD; Carer: LWC; Joined Party: XEC; Party: NSW Trustee and Guardian; Party: NSW Public Guardian
Jurisdiction
Australia
Judgment Date
14 February 2020
Procedural Posture
Guardianship and Financial Management Application / Review of Guardianship Order and Determination of Financial Management Application
Outcome
Guardianship order varied and renewed for six months; XEC appointed guardian and financial manager; application to withdraw financial management application refused.
Legal Topics
Review of Guardianship Order, Appointment of Private Guardian, Appointment of Financial Manager, Capacity, Best Interests, Enduring Power of Attorney
Guardianship Financial Management Review of Guardianship Order Appointment of Private Guardian Appointment of Financial Manager Capacity Best Interests Enduring Power of Attorney

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Parties

KZD

The Person

DYD

Applicant

LWC

Carer

XEC

Joined Party

NSW Trustee and Guardian

Party

NSW Public Guardian

Party

Procedural Posture

Guardianship and Financial Management Application / Review of Guardianship Order and Determination of Financial Management Application

Legal Issues

  1. 1 Whether KZD continues to be a person in need of a guardian and requires a renewed guardianship order
  2. 2 Whether a financial management order should be made and if so, who should be appointed financial manager
  3. 3 Whether application for financial management could be withdrawn

Ratio Decidendi

KZD remains a person in need of a guardian due to advanced dementia and incapacity to make key decisions. The Tribunal renewed and varied the guardianship order, appointing XEC as private guardian with functions limited to accommodation, health care, and medical/dental consent for six months. The application to withdraw the financial management application was refused; operation of the enduring power of attorney was found ineffective. A financial management order was made with XEC appointed as financial manager, such order to be reviewed within six months, based upon the paramountcy of KZD's welfare and the suitability of XEC given his relationship and practical experience.

Court Disposition

Guardianship order varied and renewed for six months; XEC appointed guardian and financial manager; application to withdraw financial management application refused.

Orders

  • XEC is appointed as guardian for KZD for a period of six months from 14 February 2020.
  • The guardian has functions in relation to accommodation, health care, and medical/dental consent for KZD.