TDG [2020] NSWCATGD 81

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: TDG [2020] NSWCATGD 81 Hearing dates: 28 September 2020 Date of orders: 28 September 2020 Decision date: 28 September 2020 Jurisdiction: Guardianship Division Before: J S Currie, Senior Member (Legal) Decision: The guardianship order for TDG made on 30 April 2020 has been reviewed. The order now is as follows: 1. QAX of [Address removed for publication.] is appointed as the guardian. 2. This is a continuing guardianship order for a period of two years from 28 September 2020. 3. This is a limited guardianship order giving the guardian custody of TDG to the extent necessary to carry out the functions below. FUNCTIONS: 4. The guardian has the following functions: a) Accommodation To decide where TDG may reside. b) Health care To decide what health care TDG may receive. c) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where TDG is not capable of giving a valid consent. d) Services To make decisions about services to be provided to TDG. e) Legal services To make decisions for TDG in relation to access to legal services. CONDITION: 5. The condition of this order is the Standard Condition. In exercising this role the guardian shall take all reasonable steps to bring TDG to an understanding of the issues and to obtain and consider their views before making significant decisions. Catchwords: GUARDIANSHIP – requested review of guardianship order – whether the appointment of a guardian should be revoked – suitability of guardian – subject person and witnesses support continuation of guardian – guardian has nursing background and understanding of the responsibilities – evidence does not support revoking the appointment – need for decisions about legal services – private guardian reappointed – guardianship order varied Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 36 Guardianship Act 1987 (NSW), ss 3, 4, 14, 14(2), 15(3), 17, 17(1), 17(1)(c) Cases Cited: FGE (2) [2012] NSWGT 3 Holt v The Protective Commissioner (1993) 31 NSWLR 227 KW v The Protective Commissioner and Anor [2008] NSWADTAT 5 M v M [2013] NSWSC 1495 P v D1 & Ors [2011] NSWSC 257 W v G [2003] NSWSC 1170 ZGB v ZGC [2018] NSWCATAP 58 Texts Cited: Nil Category: Principal judgment Parties: 007: Requested Review of Guardianship Order