NSW Civil and Administrative Tribunal
New South Wales
Medium Neutral Citation: DZT [2022] NSWCATGD 7 Hearing dates: 3 June 2022 Date of orders: 3 June 2022 Decision date: 03 June 2022 Jurisdiction: Guardianship Division Before: R H Booby, Senior Member (Legal)
Dr P Landau, Senior Member (Professional)
J L Newman, General Member (Community)Decision: Review of Guardianship Order
The guardianship order for DZT made on 27 March 2022 has been reviewed. The order now is as follows:
1. SBT, of [Address removed for publication.], is appointed as the guardian.
2. This is a continuing guardianship order for a period of 12 months from 3 June 2022.
3. This is a limited guardianship order giving the guardian(s) custody of DZT to the extent necessary to carry out the functions below.
FUNCTIONS:
5. The guardian has the following functions:
a) Accommodation
To decide where DZT may reside.
b) Health care
To decide what health care DZT may receive.
c) Medical/Dental consent
To make substitute decisions about proposed minor or major medical or dental treatment, where DZT is not capable of giving a valid consent.
d) Services
To make decisions about services to be provided to DZT.
CONDITION:
6. The condition of this order is:
a) Standard Condition
In exercising this role the guardian shall take all reasonable steps to bring DZT to an understanding of the issues and to obtain and consider her views before making significant decisions.
Financial Management Application
Today’s hearing is adjourned to a day to be confirmed by the registry.
Catchwords: GUARDIANSHIP – end-of-term review of guardianship order – whether a further guardianship order should be made – subject person suffered a stroke – cognitive impairment and physical conditions – subject person lacks insight into her condition – need for decisions to be made about accommodation, health care, medical and dental consent, and services – Aboriginal woman with a strong family network – in the subject person’s best interests to appoint a family member as her guardian – discord amongst family members – subject person supports the appointment of a private guardian – suitability of one of the proposed guardians – private guardian appointed – order made.
Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 36(1), 51
Guardianship Act 1987 (NSW), ss 3(1)-(2), 3D, 3F(3)(d), 4, 14, 14(2), 15(3), 17(1), 33A(4)
Cases Cited: C S and M Y v the Guardianship Tribunal and the Public Guardian (Supreme Court (NSW), Windeyer J, 29 November 1999, unrep and Re B [2011] NSWSC 1075
P v D1 & Ors [2011] NSWSC 257
P v NSW Trustee and Guardian [2015] NSWSC 579
Texts Cited: None cited.
Category: Principal judgment Parties: 002: Review of Guardianship Order
DZT (the person)
Public Guardian (appointed guardian)
SBT (carer)003: Financial Management Application
DZT (the person)
Illawarra Shoalhaven Local Health District (applicant)
SBT (carer)NSW Trustee and Guardian
005: Financial Management Application
DZT (the person)
VYT (applicant)
SBT (carer)
NSW Trustee and GuardianRepresentation: L Carriage, separate representative for…
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- AGLC
- DZT [2022] NSWCATGD 7
- Case
- [2022] NSWCATGD 7
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether a further guardianship order should be made, and if so, who should be appointed as DZT’s guardian. The court needed to balance the need for DZT to have a guardian who could make decisions in her best interests with the discord among family members and DZT’s preference for a private guardian. The court found that it was in DZT’s best interests to appoint a family member as her guardian but also considered the suitability of the proposed private guardian.
After considering the evidence and arguments presented, the court found that the proposed private guardian was suitable and in the best interests of DZT. The court took into account DZT’s preference for a private guardian, her cognitive impairment, and the need for decisions to be made in her best interests. The court also considered the discord among family members and the need for a guardian who could make decisions without conflict. The court appointed the private guardian as DZT’s guardian and made a continuing guardianship order for a period of 12 months.
The court made an order appointing SBT as DZT’s guardian and granted the guardian limited guardianship functions, including decisions about accommodation, health care, medical and dental consent, and services. The court also imposed a condition on the order that the guardian must take reasonable steps to bring DZT to an understanding of the issues and to obtain and consider her views before making significant decisions. The financial management application was adjourned to a later date.
Orders
Orders of the court
Review of Guardianship Order
The guardianship order for DZT made on 27 March 2022 has been reviewed. The order now is as follows:
1. SBT, of [Address removed for publication.], is appointed as the guardian.
2. This is a continuing guardianship order for a period of 12 months from 3 June 2022.
3. This is a limited guardianship order giving the guardian(s) custody of DZT to the extent necessary to carry out the functions below.
FUNCTIONS:
5. The guardian has the following functions:
a) Accommodation
To decide where DZT may reside.
b) Health care
To decide what health care DZT may receive.
c) Medical/Dental consent
To make substitute decisions about proposed minor or major medical or dental treatment, where DZT is not capable of giving a valid consent.
d) Services
To make decisions about services to be provided to DZT.
CONDITION:
6. The condition of this order is:
a) Standard Condition
In exercising this role the guardian shall take all reasonable steps to bring DZT to an understanding of the issues and to obtain and consider her views before making significant decisions.
Financial Management Application
Today’s hearing is adjourned to a day to be confirmed by the registry.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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