TZM

[2019] NSWCATGD 6

NSW Civil and Administrative Tribunal

New South Wales

• Amendment notes

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.

GENERAL – Part 5 of the Guardianship Act 1987 (NSW) – operation of the “person responsible” regime

Legislation Cited:

Guardianship Act 1987 (NSW), Pts 3, 5, ss 3(1)–(2), 4, 14, 14(2), 15(3), 17(1), 33A, 33A(4)(d), 35–37

Cases Cited:

C S and M Y v the Guardianship Tribunal and the Public Guardian (Supreme Court (NSW), Windeyer J, 29 November 1999, unrep
IF v IG [2004] NSWADTAP 3
P v D1 & Ors [2011] NSWSC 257
Re B [2011] NSWSC 1075

Texts Cited:

Nil

Category:

Principal judgment

Parties:

001: Guardianship Application

  TZM (the person)
NBI (applicant)
Public Guardian

Representation:

Nil

File Number(s):

NCAT 2018/00369527

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)).

REASONS FOR DECISION

GUARDIANSHIP APPLICATION

Background

1. TZM is 70-years-old and is a long-term resident of a group home in regional NSW operated by disability service provider. For approximately the last two and a half months, however, she has been an inpatient at hospitals in regional NSW – initially Hospital A, and subsequently Hospital B. The reason for her hospitalisation is severe osteomyelitis of the knee, for which she has been receiving treatment as an inpatient. TZM is reported to have Down’s syndrome and an intellectual disability. TZM is also said…