TZM [2019] NSWCATGD 6

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: TZM [2019] NSWCATGD 6 Hearing dates: 6 March 2019 Date of orders: 06 March 2019 Decision date: 06 March 2019 Jurisdiction: Guardianship Division Before: A R Boxall, Senior Member (Legal) A M Matheson, Senior Member (Professional) E Lyne, General Member (Community) Decision: 1. A guardianship order is made for TZM.

2. NBI of [address removed for publication.] is appointed as the guardian.

3. This is a continuing guardianship order for a period of 12 months from 6 March 2019.

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

FUNCTIONS:

5. The guardian has the following functions:

a) Accommodation

To decide where TZM may reside.

b) Health care

To decide what health care TZM may receive.

c) Medical/Dental consent

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

d) Services

To make decisions about services to be provided to TZM.

CONDITIONS:

6. The condition of this order is:

a) Standard Condition

In exercising this role the guardian shall take all reasonable steps to bring TZM to an understanding of the issues and to obtain and consider their views before making significant decisions. Catchwords: GUARDIANSHIP – application for a guardianship order – subject person needing medical treatment – persons responsible available – failure of hospital to identify and recognise authority of person responsible – practical necessity for appointment of a guardian – guardianship order made – appointment of private guardian.