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)).

REASONS FOR DECISION

What the Tribunal decided

Guardianship

1. The Tribunal decided to make a continuing limited guardianship order for Mr AWL. Ms UVK was appointed as Mr AWL’s guardian for 12 months and authorised to make decisions on his behalf about his health care and services.

Financial management

2. The Tribunal decided to dismiss the financial management application on the ground that it was not satisfied that Mr AWL was incapable of managing his affairs.

Legal Representation

3. The Tribunal decided to dismiss the application for Mr AWL to be represented by an Australian legal practitioner in all proceedings pending before the Tribunal.

Background

4. Mr AWL is a 64-year-old man who is reported to have long-standing problems concerning his alcohol consumption and anxiety. It is reported that Mr AWL has had regular hospital admissions when he is feeling anxious and that he has on many occasions admitted himself to hospital, only to discharge himself after a short stay. It is reported that Mr AWL has limited insight into his own ability to abstain from alcohol and as to the effect which alcohol has on his health and ability to make informed decisions. Mr AWL is…