KBZ [2020] NSWCATGD 68

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: KBZ [2020] NSWCATGD 68 Hearing dates: 29 July 2020 Date of orders: 29 July 2020 Decision date: 29 July 2020 Jurisdiction: Guardianship Division Before: S J Burns, Senior Member (Legal) M J Staples, Senior Member (Professional) E McAlpine, General Member (Community) Decision: 1. A guardianship order is made for KBZ. 2. SZM of [Address removed for publication.] is appointed as the guardian. 3. This is a continuing guardianship order for a period of 12 months from 29 July 2020. 4. This is a limited guardianship order giving the guardian(s) custody of KBZ to the extent necessary to carry out the functions below. FUNCTIONS: 5. The guardian has the following functions: a) Accommodation To decide where KBZ may reside. b) The guardian may authorise others including members of NSW Police and the Ambulance Service of NSW to: i) take KBZ to a place approved by the guardian. ii) keep him at that place. iii) return him to that place should he leave it. c) Health care To decide what health care KBZ may receive. d) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where KBZ is not capable of giving a valid consent. e) Services To make decisions about services to be provided to KBZ. AUTHORITY: 6. The guardian has the following authority: a) Authority to override objections to medical treatment i) The guardian may override the objection of KBZ to major or minor medical treatment. CONDITION: 7. The condition of this order is: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring KBZ 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 dementia and at fault in motor vehicle accident – subject person homeless – need to keep in hospital for treatment – need for formal decision maker due to changeable views – suitability of proposed guardian – proposed guardian willing to act in accordance with religious beliefs of subject person 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 Re B [2011] NSWSC 1075 Texts Cited: Nil Category: Principal judgment Parties: 001: Guardianship Application