BDN (No 2) [2017] NSWCATGD 44

BDN (No 2) [2017] NSWCATGD 44

Although Mrs BDN met the statutory definition of a person in need of a guardian because limitations related to her advanced age affected her ability to access, retain and evaluate information over an extended period and make important lifestyle decisions, the Tribunal was not satisfied that any decisions currently required the appointment of a substitute decision maker. She had adequate informal and formal supports, her financial affairs were managed by the NSW Trustee and Guardian, there was no demonstrated need for accommodation, health care, medical or dental decision-making, and further appointment for access, services or advocacy was unlikely to be effective or conducive to her...

Jurisdiction
Australia
Judgment Date
15 September 2017
Procedural Posture
Review of Guardianship Order and Oral Application for Review of Enduring Guardianship Appointment / Remitted Review of Guardianship Order From NCAT Internal Appeal; Application to Adjourn; Oral Application for Review of Enduring Guardianship Appointment Adjourned
Outcome
Adjournment of the guardianship review refused; guardianship order lapsed; oral application to review the enduring guardianship appointment adjourned to a date to be fixed.
Legal Topics
['review of Guardianship Order' 'enduring Guardianship Appointment' 'adjournment' 'recusal' 'best Interests and Welfare' 'access to Family Members' 'informal Supports' 'family Conflict']
['guardianship' 'administrative Law' 'procedural Fairness'] ['review of Guardianship Order' 'enduring Guardianship Appointment' 'adjournment' 'recusal' 'best Interests and Welfare' 'access to Family Members' 'informal Supports' 'family Conflict']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Review of Guardianship Order and Oral Application for Review of Enduring Guardianship Appointment / Remitted Review of Guardianship Order From NCAT Internal Appeal; Application to Adjourn; Oral Application for Review of Enduring Guardianship Appointment Adjourned

Legal Issues

  1. 1 ['Whether the presiding member should recuse herself because of a working relationship with the author of a report concerning Mrs BDN.' 'Whether the review of the guardianship order should be adjourned so that translated redacted reasons for the 27 May 2014 decision could be re-read to Mrs BDN.' 'Whether the oral application to review the enduring guardianship appointment made on 5 November 2015 should be heard immediately or adjourned.' 'Whether Mrs BDN remained a person in need of a guardian under the Guardianship Act 1987 (NSW).' 'Whether a further guardianship order was necessary for accommodation, access, services, health care, medical and dental treatment, or advocacy functions.']

Ratio Decidendi

Although Mrs BDN met the statutory definition of a person in need of a guardian because limitations related to her advanced age affected her ability to access, retain and evaluate information over an extended period and make important lifestyle decisions, the Tribunal was not satisfied that any decisions currently required the appointment of a substitute decision maker. She had adequate informal and formal supports, her financial affairs were managed by the NSW Trustee and Guardian, there was no demonstrated need for accommodation, health care, medical or dental decision-making, and further appointment for access, services or advocacy was unlikely to be effective or conducive to her...

Court Disposition

Adjournment of the guardianship review refused; guardianship order lapsed; oral application to review the enduring guardianship appointment adjourned to a date to be fixed.

Orders

  • ['The request by Mrs TFX to adjourn the review of the guardianship order made on 27 May 2014 is refused.' 'The guardianship order concerning Mrs BDN made on 27 May 2014 is lapsed from 15 September 2017.' 'The Tribunal adjourned to a date to be fixed an oral application made on behalf of Mrs TFX seeking a review of...