DKT [2018] NSWCATGD 52

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DKT [2018] NSWCATGD 52 Hearing dates: 8 June 2018 Date of orders: 8 June 2018 Decision date: 08 June 2018 Jurisdiction: Guardianship Division Before: R H Booby, Senior Member (Legal) Dr G Jamieson, Senior Member (Professional) L Porter, General Member (Community) Decision: 1. A guardianship order is made for DKT. 2. TAT, of [Address removed for publication.], is appointed as the guardian. 3. NBT, of [Address removed for publication.], is appointed as the alternative guardian. 4. This is a continuing guardianship order for a period of three years from 8 June 2018. 5. This is a limited guardianship order giving the guardian(s) custody of DKT to the extent necessary to carry out the functions below. FUNCTIONS: TAT 6. TAT has the following function: a) Health care To decide what health care DKT may receive. CONDITIONS: 7. The condition of this order is: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring DKT 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 profound intellectual and physical disabilities – resident of FACS group home – palliative care plan – Withdrawal of Active Resuscitation order – previous orders signed by mother as person responsible – where CPR would be burdensome, intrusive and cause serious injury – new FACS policy on resuscitation plans – cardiopulmonary resuscitation mandated under policy unless guardian appointed to approve not for resuscitation order – consideration of common law principles concerning withholding of treatment – consideration of NSW Ministry of Health Directive on Using Resuscitation Plans in End of Life Decisions – finding that decisions relating to the withholding of treatment can be made under a health care function – appointment of private guardians – order made. Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 3D, 3F(2)(d), 4, 14, 14(2), 14(2)(d), 17(1), 18(1)(a), 18(1B); Pt 5 Cases Cited: Application of Justice Health; Re a Patient [2011] NSWSC 432 C S and M Y v the Guardianship Tribunal and the Public Guardian (Supreme Court (NSW), Windeyer J, 29 November 1999, unrep FI v New South Wales Trustee and Guardian (No. 2) [2010] NSWADT 43 FI v Public Guardian [2008] NSWADT 263 IF v IG [2004] NSWADTAP 3 Re B [2011] NSWSC 1075 Texts Cited: NSW Ministry of Health Policy Directive on Using Resuscitation Plans in End of Life Decisions FACS Resuscitation Plans – Common Scenarios, March 2018 Category: Principal judgment Parties: 002: Guardianship Application