CYS [2020] NSWCATGD 19

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CYS [2020] NSWCATGD 19 Hearing dates: 13 March 2020 Date of orders: 13 March 2020 Decision date: 13 March 2020 Jurisdiction: Guardianship Division Before: S Roushan, Senior Member (Legal) Decision: The guardianship order for CYS made on 23 September 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 12 months from 13 March 2020. 3. This is a limited guardianship order giving the guardian(s) custody of CYS to the extent necessary to carry out the functions below. FUNCTIONS: 4. The guardian has the following functions: a) Health care To decide what health care CYS may receive. b) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where CYS is not capable of giving a valid consent. c) Services To make decisions about services to be provided to CYS. CONDITION: 5. The condition of this order is: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring CYS to an understanding of the issues and to obtain and consider their views before making significant decisions. Catchwords: GUARDIANSHIP – review of guardianship order – end of term review – whether guardianship order should be allowed to lapse – whether allowing guardianship order to lapse is "least restrictive" option – ongoing need for oversight of medical and dental consent decisions – ongoing need for health care decisions – no private person available – order made – public guardian appointed. Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14, 14(2), 15(3) Cases Cited: DTX [2019] NSWCATGD 11 IF v IG [2004] NSWADTAP 3 MAQ [2016] NSWCATGD 70 ZGV v ZGT [2018] NSWCATAP 55 Texts Cited: Nil Category: Principal judgment Parties: Review of Guardianship Order