NVP [2016] NSWCATGD 1

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NVP [2016] NSWCATGD 1 Hearing dates: 7 January 2016 Date of orders: 07 January 2016 Decision date: 07 January 2016 Jurisdiction: Guardianship Division Before: J Simpson, Senior Member (Legal) C Pratten, Senior Member (Professional) M Watson, General Member (Community) Decision: Application for guardianship order dismissed. Catchwords: GUARDIANSHIP – where subject person is a voluntary patient in a public hospital under the Mental Health Act 2007 (NSW) – where there is an enduring power of attorney in place from the ACT – whether the interstate instrument is sufficient for the purposes of s 7(1) of the Mental Health Act 2007 (NSW) – need for a guardianship order – where person responsible can give consent to medical treatment – application for guardianship dismissed Legislation Cited: Guardianship Act 1987 (NSW) Mental Health Act 2007 (NSW) Mental Health (Treatment and Care) Act 1994 (ACT) Powers of Attorney Act 2006 (ACT) Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: Mrs NVP (subject person) Miss QEP (applicant) Mr KAP (attorney and carer) The NSW Public Guardian Representation: Nil File Number(s): 61506 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)).