AUB [2017] NSWCATGD 46

AUB [2017] NSWCATGD 46

Although Mr AUB continued to have disabilities, the evidence did not establish the necessary nexus between those disabilities and a need for supervision or social habilitation. The Tribunal was satisfied that he was capable of undertaking most activities of daily living and making relevant life decisions without a substitute decision-maker, and therefore he was not, because of disability, totally or partially incapable of managing his person. He was not a person in need of a guardian, so the guardianship order should lapse and be revoked for the remainder of its term.

Jurisdiction
Australia
Judgment Date
12 September 2017
Procedural Posture
Review of a Guardianship Order / End of Term Review Hearing and Decision
Outcome
The guardianship order was revoked from 12 September 2017.
Legal Topics
['review of Guardianship Order' 'person in Need of a Guardian' 'disability and Capacity' 'revocation of Guardianship Order']
['guardianship' 'mental Health'] ['review of Guardianship Order' 'person in Need of a Guardian' 'disability and Capacity' 'revocation of Guardianship Order']

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Procedural Posture

Review of a Guardianship Order / End of Term Review Hearing and Decision

Legal Issues

  1. 1 ['Whether Mr AUB continued to have a disability which prevented him from being able to make important life decisions.' 'Whether Mr AUB was a "person in need of a guardian" for the purposes of the Guardianship Act 1987 (NSW).' 'If Mr AUB was a person in need of a guardian, whether a further guardianship order should be made and on what terms.']

Ratio Decidendi

Although Mr AUB continued to have disabilities, the evidence did not establish the necessary nexus between those disabilities and a need for supervision or social habilitation. The Tribunal was satisfied that he was capable of undertaking most activities of daily living and making relevant life decisions without a substitute decision-maker, and therefore he was not, because of disability, totally or partially incapable of managing his person. He was not a person in need of a guardian, so the guardianship order should lapse and be revoked for the remainder of its term.

Court Disposition

The guardianship order was revoked from 12 September 2017.

Orders

  • ['The guardianship order concerning Mr AUB made on 3 September 2015 is revoked from 12 September 2017.']