CGQ [2024] NSWCATGD 10

CGQ [2024] NSWCATGD 10

The Tribunal was satisfied, on medical and other evidence, that CGQ, due to severe intellectual disability, is unable to manage his person and affairs, has no available family member or carer willing and able to act, and requires urgent orders to ensure his welfare and interests once he turns 18. The Public Guardian is appointed as guardian and the NSW Trustee and Guardian as financial manager, both for a limited term of six months commencing when CGQ turns 18, with review scheduled and provision made for notification and determination of Ms Z's status as a carer.

Parties
Person (subject): CGQ; Applicant: HZS; Carer: Minister For Families and Communities; Guardian: Public Guardian; Financial Manager: NSW Trustee and Guardian
Jurisdiction
Australia
Judgment Date
21 May 2024
Procedural Posture
Guardianship and Financial Management Application / First Instance Determination of Original Application
Outcome
Guardianship order and financial management order made (to commence when CGQ turns 18), Public Guardian and NSW Trustee and Guardian appointed, orders to be reviewed in six months; enquiries into Ms Z's status as carer directed.
Legal Topics
Guardianship Orders for Persons With Disabilities, Appointment of Public Guardian, Financial Management Orders, Procedural Fairness, Status of Carer Under Guardianship Act 1987 (nsw)
Guardianship Financial Management Guardianship Orders for Persons With Disabilities Appointment of Public Guardian Financial Management Orders Procedural Fairness Status of Carer Under Guardianship Act 1987 (nsw)

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Parties

CGQ

Person (subject)

HZS

Applicant

Minister For Families and Communities

Carer

Public Guardian

Guardian

NSW Trustee and Guardian

Financial Manager

Procedural Posture

Guardianship and Financial Management Application / First Instance Determination of Original Application

Legal Issues

  1. 1 Whether a guardianship order should be made for CGQ
  2. 2 Whether CGQ requires financial management
  3. 3 Who are parties to the proceedings under Guardianship Act 1987 (NSW)

Ratio Decidendi

The Tribunal was satisfied, on medical and other evidence, that CGQ, due to severe intellectual disability, is unable to manage his person and affairs, has no available family member or carer willing and able to act, and requires urgent orders to ensure his welfare and interests once he turns 18. The Public Guardian is appointed as guardian and the NSW Trustee and Guardian as financial manager, both for a limited term of six months commencing when CGQ turns 18, with review scheduled and provision made for notification and determination of Ms Z's status as a carer.

Court Disposition

Guardianship order and financial management order made (to commence when CGQ turns 18), Public Guardian and NSW Trustee and Guardian appointed, orders to be reviewed in six months; enquiries into Ms Z's status as carer directed.

Orders

  • Registrar to request Ms X to provide Ms Z's contact details.
  • Review of guardianship and financial order to be listed for directions to decide whether Ms Z is a carer under s 3D(2) of the Guardianship Act 1987 (NSW).