LZB [2018] NSWCATGD 21

LZB [2018] NSWCATGD 21

The Tribunal decided that, due to FACS policy requiring the application of CPR in the absence of a guardian, and undisputed evidence that CPR would likely cause Mr LZB harm because of his medical condition, a guardianship order was necessary. The appointment of a guardian with a general health care function is sufficient to authorise decisions regarding the withdrawal or withholding of medical treatment. The applicants (Mr QYB as guardian, Ms NAB as alternative) met the statutory requirements for appointment, and a three-year order was justified by Mr LZB's permanent disabilities and ongoing decision-making needs.

Jurisdiction
Australia
Judgment Date
08 June 2018
Procedural Posture
Guardianship Application / Hearing and Determination
Outcome
Guardianship order made for Mr LZB, appointing Mr QYB as guardian and Ms NAB as alternative guardian for three years, restricted to health care decisions.
Legal Topics
['guardianship Orders' 'substitute Decision Making' 'end of Life Decisions' 'withholding Life Sustaining Treatment' 'appointment of Private Guardian' 'palliative Care' 'medical Consent']
['guardianship Law' 'health Law' 'disability Law'] ['guardianship Orders' 'substitute Decision Making' 'end of Life Decisions' 'withholding Life Sustaining Treatment' 'appointment of Private Guardian' 'palliative Care' 'medical Consent']

Case Brief

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Procedural Posture

Guardianship Application / Hearing and Determination

Legal Issues

  1. 1 ['Whether Mr LZB is a person for whom the Tribunal may make a guardianship order' 'Whether a guardianship order should be made for Mr LZB' 'Who should be appointed guardian(s) for Mr LZB' 'Appropriate duration of the guardianship order' 'Scope of authority for the guardian in end-of-life and health care decisions']

Ratio Decidendi

The Tribunal decided that, due to FACS policy requiring the application of CPR in the absence of a guardian, and undisputed evidence that CPR would likely cause Mr LZB harm because of his medical condition, a guardianship order was necessary. The appointment of a guardian with a general health care function is sufficient to authorise decisions regarding the withdrawal or withholding of medical treatment. The applicants (Mr QYB as guardian, Ms NAB as alternative) met the statutory requirements for appointment, and a three-year order was justified by Mr LZB's permanent disabilities and ongoing decision-making needs.

Court Disposition

Guardianship order made for Mr LZB, appointing Mr QYB as guardian and Ms NAB as alternative guardian for three years, restricted to health care decisions.

Orders

  • ['A guardianship order is made for Mr LZB.' 'Mr QYB is appointed as the guardian.' 'Ms NAB is appointed as the alternative guardian.' 'The order is to continue for a period of three years from 8 June 2018.' 'This is a limited guardianship order giving the guardian(s) custody of Mr LZB to the extent necessary to...