QZS [2020] NSWCATGD 41

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: QZS [2020] NSWCATGD 41 Hearing dates: 7 April 2020 Date of orders: 7 April 2020 Decision date: 07 April 2020 Jurisdiction: Guardianship Division Before: E Connor, Senior Member (Legal) Decision: The guardianship order for QZS made on 02 April 2019 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 two years from 7 April 2020. 3. This is a limited guardianship order giving the guardian(s) custody of QZS to the extent necessary to carry out the functions below. FUNCTIONS: 4. The guardian has the following function: a) Health care To decide what health care QZS may receive. CONDITION: 5. The condition of this order is: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring QZS to an understanding of the issues and to obtain and consider their views before making significant decisions. Catchwords: GUARDIANSHIP – end-of-term review of guardianship order – whether a guardianship order should be made – advanced care directive invalidly made by relatives upon request from aged care facility - no longer a need for services or accommodation function – no need for medical and dental consent function with persons responsible available – family conflict – Public Guardian appointed - order made. Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14, 14(2); Pt 5 Cases Cited: FI v Public Guardian [2008] NSW ADT 263 Hunter and New England Area Health Services v A [2009] NSWSC 761 IF v IG [2004] NSWADTAP 3 Texts Cited: Nil Category: Principal judgment Parties: QZS KAS NSW Public Guardian Representation: Nil File Number(s): NCAT 2019/00046920 Publication restriction: Decisions of the Guardianship Division of the Civil and Administrative Tribunal have been anonymised to remove any information that may identify any person involved in the Tribunal's proceedings: Civil and Administrative Tribunal Act 2013 (NSW), s 65.