AWL [2016] NSWCATGD 16

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: AWL [2016] NSWCATGD 16 Hearing dates: 22 March 2016 Date of orders: 22 March 2016 Decision date: 22 March 2016 Jurisdiction: Guardianship Division Before: J Currie, Senior Member (Legal) M Wroth, Senior Member (Professional) S Rylands, General Member Decision: Guardianship order made; private guardian appointed for 12 months with health care and services functions.

Financial management order dismissed.

Legal Representation application dismissed. Catchwords: GUARDIANSHIP – application for guardianship order – subject person's views considered – consideration of factors in s 14(2) of the Guardianship Act 1987 (NSW) – subject person's welfare and interests – preserving family relationships – application of s 15(3) of the Guardianship Act

FINANCIAL MANAGEMENT – approach to assessing whether has capacity to manage their affairs – whether need for a financial management order – no need – financial management application dismissed

INTERLOCUTORY – application for leave to be legally represented – consideration of factors in s 36(1) of the Civil and Administrative Tribunal 2013 (NSW) –whether Tribunal would be assisted – McKenzie Friend – leave refused Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 36(1) Guardianship Act 1987 (NSW), ss 4, 4(a), 14(2), 15(3), 17 Cases Cited: CJ v AKJ [2015] NSWSC 498 P v R [2003] NSWSC 819 PB v BB [2013] NSWSC 1223 Re D [2012] NSWSC 1006 Re W and L (Parameters of Protected Estate Management Orders) [2014] NSW SC 1106 Category: Principal judgment Parties: Mr AWL (the subject person) Mr KRD (the applicant) The NSW Public Guardian The NSW Trustee and Guardian Representation: Nil File Number(s): 61803 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)).