Myers and Myers and Anor (SSAT Appeal)

This matter concerned an appeal to the Supreme Court of Tasmania from a decision of the Guardianship and Administration Board (the Board). The appeal was brought by the father, Mr Myers, against the Board's decision concerning the guardianship of his adult son, Mr Myers (the son). The son had a significant intellectual disability and the Board had made orders appointing the Secretary of the Department of Health and Human Services as the son's guardian.

The primary legal issue before the Court was whether the Board had erred in law in making the guardianship orders. Specifically, the Court was required to consider whether the Board had properly applied the relevant legislative provisions, particularly those concerning the appointment of guardians for persons with impaired decision-making capacity, and whether the Board had adequately considered the views and wishes of the son and his family.

Judge Halligan dismissed the father's appeal, finding that the Board had not erred in law. The Court reasoned that the Board had properly considered the evidence before it, including medical reports and the views expressed by the son and his family. The Court affirmed that the Board's paramount consideration was the best interests of the son, and that the decision to appoint the Secretary as guardian was a lawful and appropriate exercise of the Board's powers, given the son's ongoing need for support and decision-making assistance. The father's Amended Notice of Appeal was therefore dismissed.