NLM [2020] NSWCATGD 15

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NLM [2020] NSWCATGD 15 Hearing dates: 29 January 2020 Date of orders: 29 January 2020 Decision date: 29 January 2020 Jurisdiction: Guardianship Division Before: C P Fougere, Principal Member Dr G Jamieson, Senior Member (Professional) Emeritus Professor P J Foreman AM, General Member (Community) Decision: 1. A guardianship order is made for NLM.

2. The Public Guardian is appointed as the guardian.

3. This is a continuing guardianship order for a period of 12 months from 29 January 2020.

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

FUNCTIONS:

5. The guardian has the following functions:

a) Health care

To decide what health care NLM may receive.

b) Medical/Dental consent

To make substitute decisions about proposed minor or major medical or dental treatment, where NLM is not capable of giving a valid consent.

CONDITION:

6. The condition of this order is:

a) Standard Condition

In exercising this role the guardian shall take all reasonable steps to bring NLM to an understanding of the issues and to obtain and consider their views before making significant decisions. Catchwords: GUARDIANSHIP – application for a guardianship order – subject person has severe dementia – subject person receiving palliative care – whether a guardianship order should be made – relative invalidly made advanced care directive on subject person's behalf – advance care directive can only be made by subject person – need for health care decision making - end of life decisions – no private person available to be appointed – Public Guardian appointed – order made. Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14, 14(2) Cases Cited: IF v IG [2004] NSWADTAP 3 IJU [2019] NSWCATGD 21 P v NSW Trustee and Guardian [2015] NSWSC 579 Texts Cited: Nil Category: Principal judgment Parties: 001: Guardianship Application