SNS [2015] NSWCATGD 21

SNS [2015] NSWCATGD 21

The Tribunal found that Mr SNS had an intellectual disability and, as a consequence, was at least partially incapable of managing his person. Because he could not safely remain at home, required supported accommodation and substitute decision-making for health care, medical and dental treatment, and services, and was objecting or likely to object to necessary accommodation and treatment, the circumstances made it necessary and appropriate in his interests to appoint a guardian. Mr HAX and Mr TCV were suitable private appointees, including because Mr SNS had previously appointed them as enduring guardians and attorneys, and they met the requirements for appointment.

Jurisdiction
Australia
Judgment Date
23 June 2015
Procedural Posture
Application for Guardianship Order / Guardianship Division Hearing and Decision
Outcome
Limited guardianship order made for 12 months; private guardian appointed with alternate guardian; accommodation, healthcare, medical and dental, and services functions with authority to override objection.
Legal Topics
['guardianship Order' 'person With Disability' 'incapacity to Manage Person' 'accommodation Decisions' 'health Care Decisions' 'medical and Dental Consent' 'authority to Override Objection' 'private Guardian' 'alternative Guardian' 'enduring Guardians']
['guardianship Law'] ['guardianship Order' 'person With Disability' 'incapacity to Manage Person' 'accommodation Decisions' 'health Care Decisions' 'medical and Dental Consent' 'authority to Override Objection' 'private Guardian' 'alternative Guardian' 'enduring Guardians']

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Procedural Posture

Application for Guardianship Order / Guardianship Division Hearing and Decision

Legal Issues

  1. 1 ['Whether Mr SNS is a person with a disability within the meaning of the Guardianship Act 1987 (NSW).' 'Whether, because of his disability, Mr SNS is totally or partially incapable of managing his person.' 'Whether there is a need for a guardianship order to be made in relation to Mr SNS despite his appointment of enduring guardians.' 'What functions should be given to the guardian, including accommodation, health care, medical and dental treatment, services, and authority to override objections.' 'Whether Mr HAX and Mr TCV should be appointed as private guardian and alternative guardian.']

Ratio Decidendi

The Tribunal found that Mr SNS had an intellectual disability and, as a consequence, was at least partially incapable of managing his person. Because he could not safely remain at home, required supported accommodation and substitute decision-making for health care, medical and dental treatment, and services, and was objecting or likely to object to necessary accommodation and treatment, the circumstances made it necessary and appropriate in his interests to appoint a guardian. Mr HAX and Mr TCV were suitable private appointees, including because Mr SNS had previously appointed them as enduring guardians and attorneys, and they met the requirements for appointment.

Court Disposition

Limited guardianship order made for 12 months; private guardian appointed with alternate guardian; accommodation, healthcare, medical and dental, and services functions with authority to override objection.

Orders

  • ["Mr HAX appointed as Mr SNS's guardian for a period of 12 months." "Mr TCV appointed as Mr SNS's alternative guardian for a period of 12 months." "The guardian may make decisions on Mr SNS's behalf about his accommodation, health care, medical and dental treatment, and services, as set out in the Tribunal's Order."...