MKT [2016] NSWCATGD 37

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: MKT [2016] NSWCATGD 37 Hearing dates: 10 November 2016 Date of orders: 10 November 2016 Decision date: 10 November 2016 Jurisdiction: Guardianship Division Before: J Simpson, Senior Member (Legal) H Creasey, Senior Member (Professional) P Foreman, General Member (Community) Decision: Enduring guardian appointment revoked.

Enduring power of attorney appointment revoked.

Application for guardianship order dismissed.

Limited financial management order made for a period of 12 months; NSW Trustee and Guardian appointed. Catchwords: REVIEW OF ENDURING GUARDIANSHIP – application to review enduring guardianship appointment – enduring guardian sought revocation – best interests of the person served by revocation – appointment revoked

REVIEW OF ENDURING POWER OF ATTORNEY – application to review enduring power of attorney appointment – appointment revoked

GUARDIANSHIP – consideration of need for an order where person has HIV – consideration that orders can be made under the Public Health Act 2010 (NSW) where the person is a risk to public health – consideration of where person has support to make decisions – application for guardianship order dismissed

FINANCIAL MANAGEMENT – enduring power of attorney revoked – need for financial management order – incapability to manage affairs due to cognitive impairment – best interests as accommodation and financial decisions required – NSW Trustee and Guardian appointed and given directions – order to be reviewed in 12 months Legislation Cited: Guardianship Act 1987 (NSW), ss 4, 14(2) Public Health Act 2010 (NSW), Pt 4 Div 4, ss 62 – 64, and 70; 79 Cases Cited: IF v IG [2004] NSWADTAP 3 P v NSW Trustee and Guardian [2015] NSWSC 579 Re X [2016] NSWSC 275 Category: Principal judgment Parties: Mr MKT (subject person) Mrs TBE (applicant) Mr GUD (enduring guardian and attorney) The NSW Public Guardian The NSW Trustee and Guardian Representation: NIL File Number(s): 63197 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)).