MHN [2017] NSWCATGD 14

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: MHN [2017] NSWCATGD 14 Hearing dates: 27 June 2017 Date of orders: 27 June 2017 Decision date: 27 June 2017 Jurisdiction: Guardianship Division Before: J D'Arcy, Senior Member (Legal) Dr I Beale, Senior Member (Professional) F Given, General Member (Community) Decision: 1. The application by Mrs NZN and Mr OAN for a guardianship order to be made for Ms MHN is dismissed. Catchwords: GUARDIANSHIP – application for guardianship order – decision making capacity not affected by disability – need for order – utility of enduring guardianship appointment – application dismissed Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1), 3(2), 14, 14(2) Category: Principal judgment Parties: Ms MHN (subject person) Mr OAN and Mrs NZN (applicants and parents) The NSW Public Guardian Representation: T Brook (separate representative for Ms MHN) File Number(s): 64641 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 – Guardianship application 1. The Tribunal dismissed the application for guardianship in relation to Ms MHN made by Mr OAN and Mrs NZN.

Background 1. Ms MHN is 22 years old. She lives with her parents, Mrs NZN and Mr OAN, and her siblings in their family home at regional NSW. 2. Ms MHN is reported to have a diagnosis of primary dystonia and some Parkinsonian features. She is also reported to be non-verbal. 3. On 9 January 2017, Mr OAN and Mrs NZN applied to be appointed as their daughter's joint guardians to assist her with medical and accommodation issues.