NMN [2015] NSWCATGD 52

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NMN [2015] NSWCATGD 52 Hearing dates: 20 October 2015 Date of orders: 20 October 2015 Decision date: 20 October 2015 Jurisdiction: Guardianship Division Before: J Anderson, Senior Member (Legal) M Staples, Senior Member (Professional) A Wannan, General Member (Community) Decision: The Tribunal dismissed the application for a guardianship order. Catchwords: GUARDIANSHIP – where person is an involuntary patient in hospital – different opinions about person's decision-making capacity – fluctuating capacity related to the use of alcohol – where there have been successive guardianship orders made – consideration of section 4 principles of the Guardianship Act 1987 (NSW) – consideration of factors under section 14 of the Guardianship Act 1987 (NSW) – where community and other supports available – order not in the person's best interests – application for guardianship order dismissed. Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1), 3(2), 4, 14, 14(2), 14(2)(a)(vi) Mental Health Act 2007 (NSW) Cases Cited: IF v IG [2004] NSWADTAP 3 Category: Principal judgment Parties: Ms NMN (subject person) Ms KXN (applicant) The Public Guardian File Number(s): 20145 Publication restriction: Decisions of the Guardianship Division of the Civil and Administrative Tribunal have been anonymised to remove any information that may identify a person involved in the Tribunal's proceedings (s 65, Civil and Administrative Tribunal Act 2013 (NSW)).