PXO [2018] NSWCATGD 2

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: PXO [2018] NSWCATGD 2 Hearing dates: 12 February 2018 Date of orders: 12 February 2018 Decision date: 12 February 2018 Jurisdiction: Guardianship Division Before: A Britton, Principal Member Dr A M Berry, Senior Member (Professional) P Davidson, General Member (Community) Decision: 1. A guardianship order is made for Mrs PXO.

2. LAO is appointed as the guardian.

3. This is a continuing guardianship order for a period of 12 months from 12 February 2018.

4. This is a limited guardianship order giving the guardian(s) custody of Mrs PXO to the extent necessary to carry out the functions below.

FUNCTIONS:

5. The guardian has the following functions:

a) Accommodation

To decide where Mrs PXO may reside.

b) Health care

To decide what health care Mrs PXO may receive.

c) Medical/Dental consent

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

CONDITION:

6. The condition of this order is:

a) Standard Condition

In exercising this role the guardian shall take all reasonable steps to bring Mrs PXO to an understanding of the issues and to obtain and consider their views before making significant decisions. Catchwords: GUARDIANSHIP – application for guardianship order – whether "need" for a guardianship order is a pre-condition to making a guardianship order – factors bearing on the exercise of the discretion to make a guardianship order – private guardian appointed