EPG v NSW Trustee and Guardian [2021] NSWCATAD 276

EPG v NSW Trustee and Guardian [2021] NSWCATAD 276

The applicant's house should be leased from 1 February 2022 in its entirety (including study-cottage and shed), as she lacks the financial means to afford her current standard of care without this rental income and is unlikely to be able to return home. The timing allows for consultation with her friends to clear...

Source-derived case information.

Parties
Applicant: EPG; Respondent: NSW Trustee and Guardian
Jurisdiction
Australia
Judgment Date
22 September 2021
Procedural Posture
Administrative Review / Final Hearing and Determination
Outcome
The Tribunal sets aside the NSW Trustee's decision and substitutes orders for leasing and storage arrangements.
Legal Topics
NSW Trustee and Guardian, Lease of Property of Protected Person, Best Interests, Accessible Storage of Contents
Administrative Law Guardianship and Financial Management NSW Trustee and Guardian Lease of Property of Protected Person Best Interests Accessible Storage of Contents

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Parties

EPG

Applicant

NSW Trustee and Guardian

Respondent

Procedural Posture

Administrative Review / Final Hearing and Determination

Legal Issues

  1. 1 Whether it is in the best interests of the applicant for the NSW Trustee and Guardian to lease her property
  2. 2 Whether the contents of the house, including documents and items related to the applicant's autobiography and anthropological work, should be made accessible and stored appropriately
  3. 3 Whether the timing and manner of leasing and clearing the property appropriately balance financial, health and personal considerations

Ratio Decidendi

The applicant's house should be leased from 1 February 2022 in its entirety (including study-cottage and shed), as she lacks the financial means to afford her current standard of care without this rental income and is unlikely to be able to return home. The timing allows for consultation with her friends to clear and store contents, and arrangements are to ensure her documents for autobiography and anthropological work remain accessible. These decisions best serve her welfare and interests as required by law.

Court Disposition

The Tribunal sets aside the NSW Trustee's decision and substitutes orders for leasing and storage arrangements.

Orders

  • The decision of the NSW Trustee dated 2 February 2021 is set aside.
  • The applicant's property is to be leased in its entirety (including the self-contained study-cottage and garden shed) from 1 February 2022.