HNI [2016] NSWCATGD 12

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: HNI [2016] NSWCATGD 12 Hearing dates: 16 February 2016 Date of orders: 16 February 2016 Decision date: 16 February 2016 Jurisdiction: Guardianship Division Before: P Molony, Senior Member (Legal) M Burke, Senior Member (Professional) L Esdaile, General Member (Community) Decision: Public Guardian appointed for a period of 6 months to make decisions about accommodation and what support services required. Catchwords: GUARDIANSHIP – Application for guardianship order – considered in best interests not to seek subject person views – non-financial conflict of interest – financial conflict of interest due to proceedings under Succession Act 2006 (NSW) – importance of preserving family relationships. Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1), 3(2), 4, 14, 14(2), 15(3), 17(1) Succession Act 2006 (NSW) Cases Cited: C S and M Y v the Guardianship Tribunal and the Public Guardian (Supreme Court (NSW), Kirby J, 29 November 1999, unrep) IF v IG [2004] NSWADTAP 3 P v D1 [2011] NSWSC 257 Re B [2011] NSWSC 1075 Category: Principal judgment Parties: Miss HNI (subject person) Mr IAG (applicant) Ms DMU (party joined by the Tribunal) The NSW Public Guardian Representation: Nil File Number(s): 61102 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)).