DZT [2022] NSWCATGD 7

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DZT [2022] NSWCATGD 7 Hearing dates: 3 June 2022 Date of orders: 3 June 2022 Decision date: 03 June 2022 Jurisdiction: Guardianship Division Before: R H Booby, Senior Member (Legal) Dr P Landau, Senior Member (Professional) J L Newman, General Member (Community) Decision: Review of Guardianship Order The guardianship order for DZT made on 27 March 2022 has been reviewed. The order now is as follows: 1. SBT, of [Address removed for publication.], is appointed as the guardian. 2. This is a continuing guardianship order for a period of 12 months from 3 June 2022. 3. This is a limited guardianship order giving the guardian(s) custody of DZT to the extent necessary to carry out the functions below. FUNCTIONS: 5. The guardian has the following functions: a) Accommodation To decide where DZT may reside. b) Health care To decide what health care DZT may receive. c) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where DZT is not capable of giving a valid consent. d) Services To make decisions about services to be provided to DZT. CONDITION: 6. The condition of this order is: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring DZT to an understanding of the issues and to obtain and consider her views before making significant decisions. Financial Management Application Today's hearing is adjourned to a day to be confirmed by the registry. Catchwords: GUARDIANSHIP – end-of-term review of guardianship order – whether a further guardianship order should be made – subject person suffered a stroke – cognitive impairment and physical conditions – subject person lacks insight into her condition – need for decisions to be made about accommodation, health care, medical and dental consent, and services – Aboriginal woman with a strong family network – in the subject person's best interests to appoint a family member as her guardian – discord amongst family members – subject person supports the appointment of a private guardian – suitability of one of the proposed guardians – private guardian appointed – order made. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 36(1), 51 Guardianship Act 1987 (NSW), ss 3(1)-(2), 3D, 3F(3)(d), 4, 14, 14(2), 15(3), 17(1), 33A(4) Cases Cited: C S and M Y v the Guardianship Tribunal and the Public Guardian (Supreme Court (NSW), Windeyer J, 29 November 1999, unrep and Re B [2011] NSWSC 1075 IF v IG [2004] NSWADTAP 3 P v D1 & Ors [2011] NSWSC 257 P v NSW Trustee and Guardian [2015] NSWSC 579 Texts Cited: None cited. Category: Principal judgment Parties: 002: Review of Guardianship Order