BZT [2021] NSWCATGD 3

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BZT [2021] NSWCATGD 3 Hearing dates: 25 February 2021 Date of orders: 25 February 2021 Decision date: 25 February 2021 Jurisdiction: Guardianship Division Before: C Cody, Senior Member (Legal) Dr A Baird, Senior Member (Professional) F N Given, General Member (Community) Decision: Guardianship Application 1. A guardianship order is made for BZT. 2. UBX of [Address removed for publication.] is appointed as the guardian. 3. This is a continuing guardianship order for a period of 12 months from 25 February 2021. 4. This is a limited guardianship order giving the guardian(s) custody of BZT to the extent necessary to carry out the functions below. FUNCTIONS: 5. The guardian has the following functions: a) Accommodation To decide where BZT may reside. b) Health care To decide what health care BZT may receive. c) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where BZT is not capable of giving a valid consent. d) Services To make decisions about services to be provided to BZT. CONDITION: 6. The condition of this order is: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring BZT to an understanding of the issues and to obtain and consider his views before making significant decisions. Financial Management Application The application is dismissed because Sydney Local Health District has withdrawn the application and the Tribunal consents. Catchwords: GUARDIANSHIP – application for a guardianship order – subject person an in-patient in a public hospital – subject person with acquired brain injury from stroke – subject person with history of polysubstance abuse – decision-making disability to remain for the foreseeable future – need for decisions to be made in relation to accommodation, services, and consent to medical and dental treatment – suitability of proposed guardian – former de facto partner proposed as guardian – private guardian appointed – order made. FINANCIAL MANAGEMENT – application for a financial management order – decision to consent to withdrawal of the application – former dispute between the parties now resolved – consent given to withdraw application – application dismissed. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), cl 10, Sch 6, s 55(1)(a) Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 4(a), 14(1), 15(3), 17(1) Cases Cited: C S and M Y v the Guardianship Tribunal and the Public Guardian (Supreme Court (NSW), Windeyer J, 29 November 1999, unrep IF v IG [2004] NSWADTAP 3 P v D1 & Ors [2011] NSWSC 257 P v NSW Trustee and Guardian [2015] NSWSC579 Re B [2011] NSWSC 1075 Texts Cited: Nil Category: Principal judgment Parties: 001: Guardianship Application