DTX [2019] NSWCATGD 11

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DTX [2019] NSWCATGD 11 Hearing dates: 29 May 2019 Date of orders: 29 May 2019 Decision date: 26 July 2019 Jurisdiction: Guardianship Division Before: M D Schyvens, Deputy President Decision: The guardianship order for DTX made on 5 May 2016 has been reviewed. The order now is 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 29 May 2019.

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

FUNCTIONS:

4. The guardian has the following functions:

a) Health care

To decide what health care DTX may receive.

b) Medical/Dental consent

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

CONDITION:

5. The condition of this order is:

a) Standard Condition

In exercising this role the guardian shall take all reasonable steps to bring DTX to an understanding of the issues and to obtain and consider his views before making significant decisions. Catchwords: GUARDIANSHIP – review of guardianship order – end of term review – whether guardianship order should be allowed to lapse – whether allowing guardianship order to lapse is "least restrictive" option – ongoing need for oversight of medical and dental consent decisions – ongoing need for health care decisions – no private person available – order made – public guardian appointed Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14, 14(1)-(2), 15(3); Pt 5 Cases Cited: IF v IG [2004] NSWADTAP 3 FI v Public Guardian [2008] NSWADT 263 MAQ [2016] NSWCATGD 70 ZGV v ZGT [2018] NSWCATAP 55 Texts Cited: Nil Category: Principal judgment Parties: 004: Review of Guardianship Order