Article by Manny Wood published in the Coffs Coast News Of The Area on 18 October 2024.
Arthur, and his mother Penny, share a rare psychiatric condition. The New South Wales Trustee and Guardian has been appointed as their financial manager and the Public Guardian has been ordered to make medical and lifestyle decisions on their behalf. These orders are the subject of review before the guardianship division of the New South Wales Civil and Administrative Tribunal.
The Tribunal hears that Arthur and Penny have been diagnosed as suffering from a delusional disorder known as “folie à deux”. This disorder involves a shared delusion, often with one dominant and one submissive person. The dominant person is usually older, more intelligent and has a domineering personality. The submissive person typically has a history of depression. The dominant person often imposes their delusions on the submissive person but the delusions can develop independently. Most cases involve members of the same family and a sense of attachment is a necessary factor in developing the shared delusional belief.
The pair are usually socially isolated and rarely present for treatment as they do not recognise there is a problem. The most common delusions are “persecutory, grandeur and religious”.
Several doctors’ reports are tabled and the Tribunal is ultimately satisfied that Arthur and Penny suffer from a recognised “mental disability” and are on that basis, incapable of looking after their own health and safety and are not able to make “reasonable judgements”.
The Tribunal decides that “informal arrangements” regarding decision-making for Arthur and Penny are not sufficient and that the execution of enduring powers of attorney or appointments of enduring guardian are not an option because they do not have the capacity to sign the documents.
Due to no other person being in a position to be appointed to manage their affairs, the Tribunal orders the reappointment of the New South Wales Trustee and Guardian as Arthur and Penny’s financial manager and the Public Guardian to manage their personal affairs, with a further review to take place in two years’ time.
Email Manny Wood, Principal Solicitor and Accredited Specialist in Wills and Estates at TB Law at manny@tblaw.net.au or call him on (02) 66 487 487. This fictional column is only accurate at today’s date and is not legal advice.
