SDL [2020] NSWCATGD 50

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: SDL [2020] NSWCATGD 50 Hearing dates: 1 July 2020 Date of orders: 1 July 2020 Decision date: 01 July 2020 Jurisdiction: Guardianship Division Before: R H Booby, Senior Member (Legal) Dr B McPhee, Senior Member (Professional) S Johnston, General Member (Community) Decision: 1. A guardianship order is made for SDL. 2. LZE of [Address removed for publication.] and NAE of [Address removed for publication.] are appointed separately as the guardians. 3. This is a continuing guardianship order for a period of 12 months from 1 July 2020. 4. This is a limited guardianship order giving the guardian(s) custody of SDL to the extent necessary to carry out the functions below. FUNCTIONS: LZE 5. LZE has the following functions: a) Accommodation To decide where SDL may reside. b) Services To make decisions about services to be provided to SDL. FUNCTIONS: NAE 6. NAE has the following functions: a) Health care To decide what health care SDL may receive. b) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where SDL is not capable of giving a valid consent. CONDITION: 7. The condition of this order is: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring SDL to an understanding of the issues and to obtain and consider his views before making significant decisions. Catchwords: GUARDIANSHIP – application for a guardianship order – subject person with oppositional defiant disorder – subject person resident in a group home – whether a guardianship order should be made – need for accommodation and services decisions to be made – subject person unable to understand medical information – need for medical and dental treatment decisions – two guardians proposed with separate functions – private guardians appointed separately – order made. Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14, 14(2), 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] NSWSC 579 Re B [2011] NSWSC 1075 Texts Cited: Nil Category: Principal judgment Parties: 003: Guardianship Application