ELDER LAW: Granny napping
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ELDER LAW: Granny napping
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About this listen
CASE: KNQ [2019] NSWCATGD 19
Despite the almost comical feel of the term “granny napping”, it is a serious problem that involves taking control over an older person’s life, isolating them from family and support networks, in order to get a financial advantage or other personal reasons. It is generally a traumatic experience for everyone involved.
In this case, everyone agreed that the older person KNQ (referred to in the episode as "Kate") was in need of full-time care in a nursing home. Her doctors agreed, the Aged Care Assessment Team agreed, her daughter agreed, and one of her sons agreed.
The only one who didn't agree was 'Kate's' son LAB (referred to as "Larry" in the episode).
On the very same day that the NSW Civil and Administrative Tribunal appointed the NSW Public Guardian to be Kate's guardian, Larry absconded with Kate across the border to the Canberra, ACT.
This kicked off further proceedings in the ACT Civil and Administrative Tribunal and the NSW Civil and Administrative Tribunal to determine who should be Kate's guardian and raised the question - If one Tribunal makes an order, can the other Tribunal overrule it?