SNS [2015] NSWCATGD 21

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: SNS [2015] NSWCATGD 21 Hearing dates: 23 June 2015 Date of orders: 23 June 2015 Decision date: 23 June 2015 Jurisdiction: Guardianship Division Before: B Tearle, Senior Member (Legal) S Stone, Senior Member (Professional) D Crowley, General Member (Community) Decision: Limited guardianship order made for 12 months; private guardian appointed with alternate guardian; accommodation, healthcare, medical and dental, and services functions with authority to override objection Catchwords: GUARDIANSHIP – application for guardianship order – need for order when person with disability appointed relatives as enduring guardians – person objecting to treatment and admission to aged care facility – need for additional authority – enduring guardians appointed Legislation Cited: Guardianship Act 1987 (NSW) Category: Principal judgment Parties: Mr SNS (the protected person) Mr HAX (the applicant) The Public Guardian File Number(s): 59409 Publication restriction: Decisions of the Guardianship Division of the NSW Civil and Administrative Tribunal have been anonymised to remove any information that may identify any person involved in the Tribunal's proceedings (s 65, Civil and Administrative Tribunal Act 2013 (NSW)).

REASONS FOR DECISION

What the Tribunal decided 1. The Tribunal appointed Mr HAX as Mr SNS's guardian, and Mr TCV as his alternative guardian, for a period of 12 months, to make decisions on his behalf about his accommodation, health care, medical and dental treatment and services, as set out in the Tribunal's Order. 2. The Tribunal gave the guardian the additional authority to call on others to assist in implementing his decisions concerning Mr SNS's accommodation, and to override Mr SNS's objections to major or minor medical treatment.