NNX [2020] NSWCATGD 34

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NNX [2020] NSWCATGD 34 Hearing dates: 25 June 2020 Date of orders: 25 June 2020 Decision date: 25 June 2020 Jurisdiction: Guardianship Division Before: A D Suthers, Principal Member Dr B Chenoweth, Senior Member (Professional) S Bullock, General Member (Community) Decision: The application for the appointment of a guardian is dismissed after hearing. Catchwords: GUARDIANSHIP – application for a guardianship order – whether subject person is a person in need of a guardian – presumption of capacity not rebutted – subject person at least partially incapable of managing their person because of disability – whether a guardianship order should be made - allegations of undue influence – family conflict – increased services being received – informal supports being accepted – no benefit of guardianship to family relations – guardianship unnecessary to protect subject person from abuse, neglect or exploitation – subject person's welfare and interests not promoted by the appointment of a guardian – application dismissed. Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14, 14(1)-(2) Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: 001: Guardianship Application

NNX (the person) QZX (applicant) CAQ (carer) PNX (enduring guardian) BHX (enduring guardian) NSW Public Guardian Representation: Nil File Number(s): NCAT 2020/00120057 Publication restriction: Decisions of the Guardianship Division of the Civil and Administrative Tribunal have been anonymised to remove any information that may identify any person involved in the Tribunal's proceedings: Civil and Administrative Tribunal Act 2013 (NSW), s 65.