WJE

In the case of WJE, the parties involved were ME and WS who made separate applications to the Tribunal for the appointment of a guardian and administrator for WJE. The dispute centred around the capacity of WJE and whether there was an unreasonable risk to the adult that necessitated the appointment of a decision-maker. The case was heard and decided by the Tribunal.

The legal issues before the Tribunal included whether there was a requirement for a decision-maker to be appointed when an individual's capacity is impaired, and whether the finding of impaired capacity automatically necessitates the appointment of a decision-maker. The Tribunal had to consider the presumption of capacity and whether an unreasonable risk to WJE existed, which would warrant the appointment of a guardian or administrator.

In its reasoning, the Tribunal concluded that there was no requirement for a decision-maker to be appointed in the circumstances of this case. The Tribunal found that there was no unreasonable risk to WJE, and therefore, the presumption of capacity was not rebutted. As a result, the Tribunal dismissed both applications for the appointment of a guardian and administrator for WJE.

The Tribunal made orders dismissing the applications for the appointment of a guardian and administrator for WJE by both ME and WS. The orders reflected the Tribunal's findings that there was no requirement for a decision-maker to be appointed and that there was no unreasonable risk to WJE.