NDIS support and Guardianship

A further example of the interplay between NDIS supports and the need for appointment of a guardian appears in a recent Western Australian decision called  E [2017] WASAT 27. The decision is of interest as a key part of E’s difficulty appears to have arisen from the need to manage NDIS funding.

E, a ‘fiercely independent’ 49-year-old woman with multiple sclerosis lived in her home with significant support funded through the National Disability Insurance Scheme. Applications for the appointment of a guardian and the appointment of an administrator of E’s estate were made by the agency coordinating the services provided to E.

E had been accused by the NDIA of fraudulently using the funds she managed (aboout $250,000 per annum) for matters other than what those permitted: [47].

It was submitted that E was vulnerable to influence from other less experienced care providers through the NDIS process: [54].

Guardianship orders were made, with provision for review after one year.

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