KJC [2016] NSWCATGD 9

KJC [2016] NSWCATGD 9

The Tribunal found that ongoing family conflict, issues over access and accommodation, and lack of mutual trust necessitated revoking the appointment of Ms MVC as enduring guardian. The Public Guardian (accommodation/access) and Ms MVC (health care/treatment/services) were appointed with split guardianship functions. The financial management order was confirmed as Mr TMC remained suitable, but he was directed to preserve family relationships and cooperate with the appointed guardians.

Parties
Appointor / Subject Person / Person Under Management: Mrs KJC; Applicant / Appointed Financial Manager / Jointly Appointed Attorney: Mr TMC; Applicant: Mrs LDC; Appointed Enduring Guardian and Carer / Respondent: Ms MVC; Jointly Appointed Attorney: Mr DAC; Appointed Guardian (accommodation/access): The NSW Public Guardian; Statutory Authority: NSW Trustee and Guardian
Jurisdiction
Australia
Judgment Date
12 April 2016
Procedural Posture
Guardianship and Financial Management Review / Final Determination and Orders
Outcome
Appointment of enduring guardian revoked; guardianship order made with Public Guardian and Ms MVC appointed with split functions for 2 years; financial management order confirmed; directions given; recommendation to attempt mediation.
Legal Topics
Enduring Guardianship, Guardianship Orders, Financial Management Orders, Best Interests, Conflict of Interest, Family Dispute, Mediation, Standing to Apply, Accommodation Decisions, Access to Person Under Guardianship
Guardianship Financial Management Elder Law Enduring Guardianship Guardianship Orders Financial Management Orders Best Interests Conflict of Interest +5 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Mrs KJC

Appointor / Subject Person / Person Under Management

Mr TMC

Applicant / Appointed Financial Manager / Jointly Appointed Attorney

Mrs LDC

Applicant

Ms MVC

Appointed Enduring Guardian and Carer / Respondent

Mr DAC

Jointly Appointed Attorney

The NSW Public Guardian

Appointed Guardian (accommodation/access)

NSW Trustee and Guardian

Statutory Authority

Procedural Posture

Guardianship and Financial Management Review / Final Determination and Orders

Legal Issues

  1. 1 Whether the appointment of enduring guardian should be revoked
  2. 2 Whether a guardianship order should be made and on what terms
  3. 3 Whether there is an undue conflict of interest

Ratio Decidendi

The Tribunal found that ongoing family conflict, issues over access and accommodation, and lack of mutual trust necessitated revoking the appointment of Ms MVC as enduring guardian. The Public Guardian (accommodation/access) and Ms MVC (health care/treatment/services) were appointed with split guardianship functions. The financial management order was confirmed as Mr TMC remained suitable, but he was directed to preserve family relationships and cooperate with the appointed guardians.

Court Disposition

Appointment of enduring guardian revoked; guardianship order made with Public Guardian and Ms MVC appointed with split functions for 2 years; financial management order confirmed; directions given; recommendation to attempt mediation.

Orders

  • Enduring guardianship appointment of Ms MVC revoked.
  • Continuing limited guardianship order made for Mrs KJC for 2 years: Public Guardian to decide accommodation/access, Ms MVC to decide health care/medical/dental/services.