HME [2015] NSWCATGD 36

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: HME [2015] NSWCATGD 36 Hearing dates: 19 June 2015 Date of orders: 19 June 2015 Decision date: 19 June 2015 Jurisdiction: Guardianship Division Before: S McCarthy, Senior Member (Legal) R Curran, Senior Member (Professional) S Johnston, General Member (Community) Decision: The Tribunal consented to the request that the application for a guardianship order be withdrawn.

The Tribunal appointed two private financial managers for Mrs HME, jointly and severally. Catchwords: GUARDIANSHIP – no need for order to be continued – substitute medical consent can be provided informally – Tribunal consented to request to withdraw application for guardianship order

FINANCIAL MANAGEMENT – where protected person unable to participate owing to disability – whether in the best interests of the protected person to proceed with the hearing in her absence – capability to manage affairs – need for a financial management order – who should be appointed – private managers appointed jointly and severally Legislation Cited: Guardianship Act 1987 (NSW) Cases Cited: H v H (unreported) NSW Supreme Court 20 March 2000 Holt v Protective Commissioner (1993) 31 NSWLR 227 McD v McD (1983) 3 NSWLR 81 at 86 PY v RJS [1982] 2 NSWLR 700 Re GHI (a protected person) [2005] NSWSC 581 Category: Principal judgment Parties: Mrs HME (the subject person) Mrs QAB (the applicant) The NSW Trustee and Guardian The Public Guardian Representation: Nil File Number(s): 59260 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 (s 65, Civil and Administrative Tribunal Act 2013 (NSW)).