FZX (No 2) [2017] NSWCATGD 37

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FZX (No 2) [2017] NSWCATGD 37 Hearing dates: 22 June 2017 Date of orders: 22 June 2017 Decision date: 22 June 2017 Jurisdiction: Guardianship Division Before: J S Currie, Senior Member (Legal) A M Matheson, Senior Member (Professional) M McCalman, General Member (Community) Decision: 1. The guardianship order for Mrs FZC made by the Tribunal on 5 March 2015 is renewed and varied as follows.

2. This is a continuing guardianship order for a period of 3 years from the date of this order.

3. This order will not be reviewed at the end of the period set out above.

4. The Public Guardian is appointed as the guardian.

5. This is a limited guardianship order giving the guardian custody of Mrs FZC to the extent necessary to carry out the functions referred to below.

FUNCTIONS

6. The guardian has the following functions:

a) Accommodation

To decide where Mrs FZC may reside.

b) Services

To make decisions about services to be provided to Mrs FZC.

CONDITIONS

7. The conditions of this order are:

a) In exercising this role the guardian shall take all reasonable steps to bring Mrs FZC to an understanding of the issues and to obtain and consider her views before making significant decisions. Catchwords: GUARDIANSHIP – review of guardianship order – consideration of who to appoint as guardian – family member willing to provide care at home – insight into care requirements – non-reviewable order made – Public Guardian appointed Legislation Cited: Guardianship Act 1987 (NSW), ss 4, 15(3), 16(1), 17, 25A and 25O Cases Cited: CS and MY v The Guardianship Tribunal and the Public Guardian (Supreme Court (NSW), Windeyer J, 29 November 1999, unrep) FGE (2) [2012] NSWGT 3 (16 March 2012) P v D1 & Ors [2011] NSWSC 257 W v G [2003] NSWSC 1170 Texts Cited: Nil Category: Principal judgment Parties: Mrs FZX Mr KAX (carer for Mrs FZX) The NSW Public Guardian Representation: Solicitor: Ms XON (Mr KAX) also as McKenzie Friend File Number(s): C/56099 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)).