WS v NSW Trustee and Guardian [2011] NSWADT 138

WS v NSW Trustee and Guardian [2011] NSWADT 138

The correct and preferable decision was to vary the Public Guardian's accommodation decision because ADE's adaptability was no longer a concern, a move to a suitable Queensland aged care facility near WS would not be detrimental to her well-being, her care could be more closely monitored by WS and his family, and the physical, emotional and financial care available near WS outweighed ADE's familiarity with Tuncurry, while relocation should occur only once a suitable accredited aged care placement became available.

Jurisdiction
Australia
Judgment Date
08 June 2011
Procedural Posture
Application for Review of a Public Guardian Accommodation Decision Under S80 a of the Guardianship Act 1987 / Merits Review After an Internal Review Affirmed the Public Guardian's Decision
Outcome
The Public Guardian's decision was varied.
Legal Topics
['public Guardian Accommodation Function' 'dementia' 'aged Care Facility Placement' 'relocation' 'merits Review']
['administrative Law' 'guardianship Law'] ['public Guardian Accommodation Function' 'dementia' 'aged Care Facility Placement' 'relocation' 'merits Review']

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Procedural Posture

Application for Review of a Public Guardian Accommodation Decision Under S80 a of the Guardianship Act 1987 / Merits Review After an Internal Review Affirmed the Public Guardian's Decision

Legal Issues

  1. 1 ["Whether WS was entitled to apply for review as a person whose interests were adversely affected by the Public Guardian's decision." 'Whether the decision for ADE to accept permanent residency at Beaumont Terrace Aged Care Facility was the correct and preferable decision.' "Whether ADE's best interests would be served by remaining in Tuncurry or by relocating to an accredited aged care facility in Queensland near WS."]

Ratio Decidendi

The correct and preferable decision was to vary the Public Guardian's accommodation decision because ADE's adaptability was no longer a concern, a move to a suitable Queensland aged care facility near WS would not be detrimental to her well-being, her care could be more closely monitored by WS and his family, and the physical, emotional and financial care available near WS outweighed ADE's familiarity with Tuncurry, while relocation should occur only once a suitable accredited aged care placement became available.

Court Disposition

The Public Guardian's decision was varied.

Orders

  • ['The decision of the Public Guardian dated 9 September 2010 providing consent for ADE to accept an offer of permanent residency at Beaumont Terrace Aged Care Facility is varied as follows: The Public Guardian is to make arrangements for ADE to be accommodated in an accredited aged care facility in Queensland which...