NSM [2019] NSWCATGD 33

NSM [2019] NSWCATGD 33

NSM had advanced dementia, was unable to undertake most activities of daily living, and was incapable of managing her person and her financial affairs. Services could not practicably be provided without a guardianship order, and there was an urgent need to manage her estate because of mortgage arrears and other debts. BYM could not be appointed because the Tribunal was not satisfied that he had the judgment, integrity and ability required to exercise guardianship functions, that there was no undue conflict between his interests and NSM's interests, or that he was suitable to manage her estate. The Tribunal therefore appointed the Public Guardian as guardian and committed management of...

Jurisdiction
Australia
Judgment Date
01 August 2019
Procedural Posture
Guardianship and Financial Management Applications in the Guardianship Division of the NSW Civil and Administrative Tribunal / Final Determination After Hearing
Outcome
Guardianship and financial management orders made for NSM; Public Guardian appointed as guardian and NSW Trustee and Guardian appointed to manage NSM's estate.
Legal Topics
['person in Need of a Guardian' 'advanced Dementia' 'appointment of Public Guardian' 'appointment of NSW Trustee and Guardian' 'suitability of Proposed Guardian or Financial Manager' 'family Conflict' 'capacity to Manage Affairs' 'access, Accommodation, Health Care, Medical and Dental Consent, And Services Functions']
['guardianship' 'financial Management' 'administrative Law'] ['person in Need of a Guardian' 'advanced Dementia' 'appointment of Public Guardian' 'appointment of NSW Trustee and Guardian' 'suitability of Proposed Guardian or Financial Manager' 'family Conflict' 'capacity to Manage Affairs' 'access, Accommodation, Health Care, Medical and Dental Consent, and Services Functions']

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Procedural Posture

Guardianship and Financial Management Applications in the Guardianship Division of the NSW Civil and Administrative Tribunal / Final Determination After Hearing

Legal Issues

  1. 1 ['Whether NSM was a person in need of a guardian under the Guardianship Act 1987 (NSW).' 'Whether a guardianship order should be made for NSM and what functions and term should be included.' "Whether BYM should be appointed as NSM's guardian or whether the Public Guardian should be appointed." 'Whether NSM was not capable of managing her affairs and whether a financial management order was needed and in her best interests.' "Whether BYM was a suitable person to manage NSM's estate or whether management should be committed to the NSW Trustee and Guardian." 'Whether BYM was a person who has the care of NSM.']

Ratio Decidendi

NSM had advanced dementia, was unable to undertake most activities of daily living, and was incapable of managing her person and her financial affairs. Services could not practicably be provided without a guardianship order, and there was an urgent need to manage her estate because of mortgage arrears and other debts. BYM could not be appointed because the Tribunal was not satisfied that he had the judgment, integrity and ability required to exercise guardianship functions, that there was no undue conflict between his interests and NSM's interests, or that he was suitable to manage her estate. The Tribunal therefore appointed the Public Guardian as guardian and committed management of...

Court Disposition

Guardianship and financial management orders made for NSM; Public Guardian appointed as guardian and NSW Trustee and Guardian appointed to manage NSM's estate.

Orders

  • ['A guardianship order is made for NSM.' 'The Public Guardian is appointed as the guardian.' 'This is a continuing guardianship order for a period of 12 months from 2 August 2019.' 'This is a limited guardianship order giving the guardian(s) custody of NSM to the extent necessary to carry out the functions below.'...