Interaction between NDIS plan nominees and state-based guardianships

KCG [2014] NSWCATGD 7 appears to be the first NSW Civil & Administrative Tribunal decision addressing in detail the interaction between the NDIS plan nominees and the state-based substitute decision making (guardianship) regime.

Miss KCG did not have capacity but had become an NDIS participant. There appeared to the Tribunal to be a number of financial decisions required to be undertaken in relation to the NDIS plan for Miss KCG that may or may not correspond with the NSW Trustee & Guardian’s authority as financial manager. 

The Public Guardian would not consent to being appointed as an NDIS plan nominee for Miss KCG without first being appointed as her guardian by the Tribunal.

Appointing the Public Guardian as guardian for KCG, at [67] the Tribunal commented:

The Tribunal’s view is that where important lifestyle and financial decisions are required to be made on behalf of a person who lacks the requisite decision making capacity (and cannot be supported to make decisions for themselves), such as Miss KCG, it is appropriate that an independent substitute decision maker such as guardian or financial manager (depending on the nature of the decision) is appointed to undertake that responsibility. 

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