NXO [2015] NSWCATGD 53

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NXO [2015] NSWCATGD 53 Hearing dates: 26 February 2015 Date of orders: 26 February 2015 Decision date: 26 February 2015 Jurisdiction: Guardianship Division Before: S McCarthy, Senior Member (Legal) W Longley, Senior Member (Professional) J Fraser, General Member (Community) Decision: 1. Application for guardianship order dismissed.

2. Application for financial management order dismissed. Catchwords: GUARDIANSHIP – person with a disability unable to give their view – disagreement among family members about what is in the person's best interests – practicability of service provision without the need for a guardianship order – no need for an order – guardianship application dismissed

FINANCIAL MANAGEMENT – where enduring power of attorney instrument revoked and new enduring power of attorney instrument made appointing different attorney – Tribunal not satisfied the person lacked mental capacity to make the new instrument – enduring power of attorney instrument is in keeping with the person's best interests and wishes – no need to appoint a financial manager – application for financial management dismissed Legislation Cited: Guardianship Act 1987 (NSW) Mental Health Act 2007 (NSW) Powers of Attorney Act 2003 (NSW) Cases Cited: H v H (unreported) NSW Supreme Court 20 March 2000 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: Mr NXO (subject person) Mr UAT (applicant) Mrs HDO (spouse of Mr NXO) The Public Guardian The NSW Trustee and Guardian Representation: Separate Representative File Number(s): 58136 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)).