BQH [2018] NSWCATGD 16

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BQH [2018] NSWCATGD 16 Hearing dates: 27 September 2018 Date of orders: 27 September 2018 Decision date: 27 September 2018 Jurisdiction: Guardianship Division Before: M D Schyvens, Deputy President Decision: The application to review the current guardianship order for BQH is dismissed after hearing.

The guardianship order for BQH made on 15 September 2017 has been reviewed. The order is now as follows:

1. The Public Guardian is appointed as the guardian.

2. This is a continuing guardianship order for a period of three years from 27 September 2018.

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

FUNCTIONS:

4. The guardian has the following functions:

a) Accommodation

To decide where BQH may reside.

b) Health care

To decide what health care BQH may receive.

c) Medical/Dental consent

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

d) Services

To make decisions about services to be provided to BQH.

CONDITION:

5. The condition of this order is:

a) Standard Condition

In exercising this role the guardian shall take all reasonable steps to bring BQH to an understanding of the issues and to obtain and consider their views before making significant decisions. Catchwords: GUARDIANSHIP ­– application to review guardianship order – NDIS ­– the meaning of the services function – continued appointment of the Public Guardian Legislation Cited: Guardianship Act 1987 (NSW), Part 5, ss 3(1)–(2), 3D, 3F, 4, 4(a)–(g), 14, 14(2), 15(3)–(4), 16(2)(b), 21(1)(b), 21(2)(b) Cases Cited: IF v IG [2004] NSWADTAP 3 NVQ [2016] NSWCATGD 38 Texts Cited: Nil Category: Principal judgment Parties: 009: Review of Guardianship Order