JHN [2020] NSWCATGD 92

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: JHN [2020] NSWCATGD 92 Hearing dates: 10 August 2020 Date of orders: 10 August 2020 Decision date: 10 August 2020 Jurisdiction: Guardianship Division Before: A R Boxall, Senior Member (Legal) Associate Professor C Willcox, Senior Member (Professional) E A Pickering, General Member (Community) Decision: The application for financial management is dismissed after hearing. The application for guardianship is dismissed after hearing. The application to review the enduring guardianship appointment dated 17 May 2004 is dismissed after hearing. Catchwords: GUARDIANSHIP – application for a guardianship order – 'person in need of a guardian' – subject person being treated by medication – reduction in alcohol consumption – medical evidence of capacity to make decisions – rational discussions and observations of subject person – application dismissed. FINANCIAL MANAGEMENT – application for a financial management order – possible conflict of interest between financial interests of subject person and applicant – capability to manage one's own affairs – sensible management of assets and liabilities – application dismissed. ENDURING GUARDIANSHIP – review of enduring guardianship appointment – request to confirm appointment – capability to make and revoke enduring guardian appointment – confirmation would have no effect as subject person could then effectively revoke the appointment – application dismissed. Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 14 Cases Cited: P v NSW Trustee and Guardian [2015] NSWSC 579 PB v BB [2013] NSWSC 1223 Texts Cited: None cited. Category: Principal judgment Parties: 001: Financial Management Application