OZD [2022] NSWCATGD 3

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: OZD [2022] NSWCATGD 3 Hearing dates: 22 March 2022 Date of orders: 22 March 2022 Decision date: 22 March 2022 Jurisdiction: Guardianship Division Before: A Britton, Deputy President Decision: The guardianship order for OZD made on 24 March 2020 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 two years from 23 March 2022. 3. This is a limited guardianship order giving the guardian(s) custody of OZD to the extent necessary to carry out the functions below. FUNCTIONS: 4. The guardian has the following functions: a) Access To decide what access OZD has to others and the conditions of access. b) Accommodation To decide where OZD may reside. c) Health care To decide what health care OZD may receive. d) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where OZD is not capable of giving a valid consent. e) Services To make decisions about services to be provided to OZD. CONDITION: 5. The condition of this order is: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring OZD 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 is of advanced age – subject person has significant cognitive impairment – significant conflict within subject person's close family – whether proposed guardian suitable to be appointed guardian – proposed guardian's accommodation interests conflict with the subject person's financial need – proposed guardian not suitable to be appointed guardian – Public guardian appointed – continued need for decisions to be made in relation to access, accommodation, healthcare, and consent to medical and dental treatment – need for services function – order renewed and varied. Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 4(f), 14, 14(2), 17(1), 17(1)(c), 25C(c) Cases Cited: IR v AR [2015] NSWSC 1187 W v G [2003] NSWSC 1170; (2003) 59 NSWLR 220 ZKF v ZKG [2019] NSWCATAP 64 Texts Cited: None cited. Category: Principal judgment Parties: 005: Review of Guardianship Order