TLS [2017] NSWCATGD 15

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: TLS [2017] NSWCATGD 15 Hearing dates: 12 July 2017 Date of orders: 12 July 2017 Decision date: 12 July 2017 Jurisdiction: Guardianship Division Before: M D Schyvens, Deputy President Decision: The guardianship order for Mr TLS made on 4 July 2016 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 one year from 12 July 2017.

3. This is a limited guardianship order giving the guardian(s) custody of Mr TLS to the extent necessary to carry out the functions below.

FUNCTIONS:

4. The guardian has the following functions:

a) Health care

To decide what health care Mr TLS may receive.

b) Medical/Dental consent

To make substitute decisions about proposed minor or major medical or dental treatment, where Mr TLS is not capable of giving a valid consent.

c) Services

To make decisions about services to be provided to Mr TLS.

CONDITIONS:

5. The condition of this order is:

a) Standard Condition

In exercising this role the guardian shall take all reasonable steps to bring Mr TLS to an understanding of the issues and to obtain and consider his views before making significant decisions. Catchwords: GUARDIANSHIP – review of guardianship order – capacity – need for medical and health care functions – National Disability Insurance Scheme – access to NDIS – no family or advocate – Public Guardian appointed Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1), 3(2), 4, 14, 14(2) Cases Cited: IF v IG [2004] NSWADTAP 3 Category: Principal judgment Parties: Mr TLS NSW Public Guardian File Number(s): 2016/00393095 Publication restriction: Decisions of the Guardianship Division of the 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)).