HYC [2019] NSWCATGD 28

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: HYC [2019] NSWCATGD 28 Hearing dates: 13 December 2019 Date of orders: 13 December 2019 Decision date: 13 December 2019 Jurisdiction: Guardianship Division Before: B Adamovich, Senior Member (Legal) Decision: The guardianship order for HYC made on 4 June 2018 has been reviewed. The order now is as follows:

1. The Public Guardian is appointed as the guardian.

2. This is a continuing guardianship order for a period of six months from 13 December 2019.

3. This order will not be reviewed at the end of the above period.

4. This is a limited guardianship order giving the guardian(s) custody of HYC to the extent necessary to carry out the functions below.

FUNCTIONS:

5. The guardian has the following functions:

a) Access

To decide what access HYC has to others and the conditions of access.

b) Accommodation

To decide where HYC may reside.

CONDITION:

6. The condition of this order is:

a) Standard Condition

In exercising this role, the guardian shall take all reasonable steps to bring HYC to an understanding of the issues and to obtain and consider her views before making significant decisions. Catchwords: GUARDIANSHIP – review of guardianship order – end of term review of guardianship order – whether guardianship order should be renewed – subject person improving in their decision-making capacity – need for a guardianship order reduced - remaining need for accommodation and services functions – guardianship functions reduced – public guardian appointed – non-reviewable order made. Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)–(2), 4, 14, 14(2) Cases Cited: IF v IG [2004] NSWADTAP 3 Texts Cited: Nil Category: Principal judgment Parties: 007: Review of Guardianship Order