SZC [2020] NSWCATGD 44

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: SZC [2020] NSWCATGD 44 Hearing dates: 31 March 2020 Date of orders: 31 March 2020 Decision date: 31 March 2020 Jurisdiction: Guardianship Division Before: E M Connor, Senior Member (Legal) Decision: The guardianship order for SZC made on 19 March 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 three years from 31 March 2020. 3. This is a limited guardianship order giving the guardian(s) custody of SZC to the extent necessary to carry out the functions below. FUNCTIONS: 4. The guardian has the following functions: a) Accommodation To decide where SZC may reside. b) Health care To decide what health care SZC may receive. c) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where SZC is not capable of giving a valid consent. d) Services To make decisions about services to be provided to SZC. CONDITION: 5. The condition of this order is: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring SZC to an understanding of the issues and to obtain and consider their views before making significant decisions. Catchwords: GUARDIANSHIP – end-of-term review of a guardianship order – whether subject person continues to have disabilities which prevent them from making important life decisions – subject person with mixed vascular and Alzheimer's dementia - whether a further guardianship order should be made – subject person's husband denies seriousness of subject person's cognitive impairment – need for guardian to make health care, medical treatment, accommodation and services decisions – suitability of proposed guardian – proposed guardian not suitable – no other private guardian available - 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 Texts Cited: Nil Category: Principal judgment Parties: SZC TAC NSW Public Guardian Representation: Nil File Number(s): NCAT 2018/00057845 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.