HAE [2018] NSWCATGD 10

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: HAE [2018] NSWCATGD 10 Hearing dates: 23 May 2018 Date of orders: 30 May 2018 Decision date: 30 May 2018 Jurisdiction: Guardianship Division Before: C P Fougere, Principal Member Dr A M Berry, Senior Member (Professional) Emeritus Professor P J Foreman, General Member (Community) Decision: 003: Guardianship Application

1. A guardianship order is made for Ms HAE.

2. Mr DYE is appointed as the guardian.

3. Mrs DYE is appointed as the alternative guardian.

4. This is a continuing guardianship order for a period of three years from 30 May 2018.

5. This is a limited guardianship order giving the guardian(s) custody of Ms HAE to the extent necessary to carry out the functions below.

FUNCTIONS: Mr DYE

6. Mr DYE has the following function:

a) Health care

To decide what health care Ms HAE may receive.

CONDITION:

7. The condition of this order is:

a) Standard Condition

In exercising this role the guardian shall take all reasonable steps to bring Ms HAE to an understanding of the issues and to obtain and consider her views before making significant decisions.

005: Financial Management Application

The hearing of the application for a financial management order is adjourned to a date to be fixed by the Registrar. Catchwords: GUARDIANSHIP – application for guardianship order – woman with profound intellectual and physical disabilities – resident of FACS group home – palliative care plan – Withdrawal of Active Resuscitation order – previous orders signed by father as person responsible in consultation with medical practitioners – 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 Legislation Cited: Civil and Administrative Tribunal Act 2013 s 36(1) Guardianship Act 1987 (NSW) ss 3F(2)(d), 3D, 3(1), 3(2), 4, 14(2), 14(2)(d), 17(1), 18(1), 18(1)(a), 18(1B), Part 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 Public Guardian [2008] NSWADT 263 FI v New South Wales Trustee and Guardian (No. 2) [2010] NSWADT 43 Hunter Area Health Service v Marchlewski (2000) 51 NSWLR 264 Messiha v South East Health [2004] NSWSC 1061 National Health Service; Auckland Area Health Board v Attorney General [1993] 1 NZLR 235 Northbridge v Central Sydney Area Health Service [2000] NSWSC 1241; (2000) 50 NSWLR 549 Re B [2011] NSWSC 1075 Re G [1997] 2 NZLR 201 Texts Cited: Family and Community Services ADHC, End of Life Care Planning Guidelines (Version 1.0, Family and Community Services ADHC, January 2016)