Hypothetical by Manny Wood Published in the Coffs Coast Advocate on 16 November 2019.
Carol is 90 years old. She resides in a nursing home and has dementia.
Five years ago, Carol’s daughter, Elizabeth was appointed by the Guardianship Tribunal as Carol’s financial manager.
When Carol’s nursing home fees are not paid and reach $20,000 in arrears, the manager of the nursing home applies to the Guardianship Division of the New South Wales Civil and Administrative Tribunal, to have Elizabeth’s role as financial manager reviewed.
The manager also seeks the appointment of a guardian for Carol, alleging that her family dynamics are “unstable”.
The manager informs the Tribunal that apprehended personal violence orders were made against Elizabeth, preventing her from contacting the manager on the basis of harassment and intimidation.
The Tribunal identifies the “unexplained depletion” of Carol’s bank account, including $15,000 in personal expenses claimed by Elizabeth. The bank statements identify money being spent at liquor stores and fast food outlets.
The Tribunal also hears that Carol’s home, in which she no longer resides, is not generating an income and is occupied by one of her sons, rent-free.
Elizabeth states that she wishes to move Carol to a different nursing home, alleging neglect.
The Tribunal rules that Carol is “a person in need of a guardian” and to “lessen the impact of friction” and with a view to her affairs being handled in a professional manner, appoints the Public Guardian.
The Tribunal is satisfied that Carol is receiving proper care at the nursing home.
The Tribunal also revokes Elizabeth’s role as financial manager and in the “best interests” of Carol as a “protected person”, appoints the New South Wales Trustee and Guardian as her financial manager.
If you would like Manny to address a particular legal issue, send your request to manny.wood@ticliblaxland.com.au or call him on (02) 6648 7487.
