KAX [2016] NSWCATGD 44

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: KAX [2016] NSWCATGD 44 Hearing dates: 25 August 2016 Date of orders: 25 August 2016 Decision date: 25 August 2016 Jurisdiction: Guardianship Division Before: J Simpson, Senior Member (Legal) Dr M Martin, Senior Member (Professional) L Porter, General Member (Community) Decision: The application for a guardianship order to be made for Mr KAX is dismissed. Catchwords: GUARDIANSHIP – application for guardianship order – National Disability Insurance Scheme – family member willing to advocate in relation to NDIS issues – application dismissed Category: Principal judgment Parties: Mr KAX (subject person) Ms LMU (applicant) The NSW Trustee and Guardian The NSW Public Guardian File Number(s): 28589 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)).

REASONS FOR DECISION

What the Tribunal decided 1. The Tribunal dismissed the application for a guardianship order.

Background 1. Mr KAX is a 64-year-old man with an intellectual disability who lives at an Ageing, Disability and Home Care (ADHC) facility in regional NSW. With Mr KAX moving under the National Disability Insurance Scheme (NDIS), Ms LMU, residential unit nurse manager, applied for a guardianship order.

What did the Tribunal have to decide? 1. The Tribunal had to decide: 1. Does Mr KAX have a disability which prevents him from being able to make some important life decisions? 2. Should the Tribunal make a guardianship order and if so, what order should be made? 3. Who should be the guardian? 4. How long should the order last?