BBG [2020] NSWCATGD 70

BBG [2020] NSWCATGD 70

BBG continued to have intellectual disability and bipolar affective disorder causing cognitive impairment that prevented him from making some important life decisions and managing his person, so he remained a person in need of a guardian. No suitable private person was willing and able to be appointed, so the Public Guardian should continue as guardian. The access, accommodation and services functions remained necessary to protect BBG's welfare and interests, particularly because access arrangements and possible supported independent living decisions remained live issues, but the coercive accommodation authority and health care and medical and dental consent functions were not justified...

Jurisdiction
Australia
Judgment Date
16 April 2020
Procedural Posture
Review of Guardianship Order / Statutory End of Term Review
Outcome
The guardianship order for BBG made on 1 April 2019 was reviewed, renewed and varied; the Public Guardian was appointed as guardian for 12 months with access, accommodation and services functions, and DYG was joined as a party.
Legal Topics
['review of Guardianship Order' 'appointment of Public Guardian' 'limited Guardianship Order' 'access Function' 'accommodation Function' 'services Function' 'joinder of Party']
['guardianship Law' 'administrative Law'] ['review of Guardianship Order' 'appointment of Public Guardian' 'limited Guardianship Order' 'access Function' 'accommodation Function' 'services Function' 'joinder of Party']

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Procedural Posture

Review of Guardianship Order / Statutory End of Term Review

Legal Issues

  1. 1 ['Whether BBG continued to have a disability preventing him from making important life decisions and was a person in need of a guardian for the purposes of the Guardianship Act 1987 (NSW).' 'Whether a further guardianship order should be made for BBG.' 'Who should be appointed as guardian, what decision-making functions should be granted, and what the duration of the order should be.' 'Whether DYG should be joined as a party to the review.']

Ratio Decidendi

BBG continued to have intellectual disability and bipolar affective disorder causing cognitive impairment that prevented him from making some important life decisions and managing his person, so he remained a person in need of a guardian. No suitable private person was willing and able to be appointed, so the Public Guardian should continue as guardian. The access, accommodation and services functions remained necessary to protect BBG's welfare and interests, particularly because access arrangements and possible supported independent living decisions remained live issues, but the coercive accommodation authority and health care and medical and dental consent functions were not justified...

Court Disposition

The guardianship order for BBG made on 1 April 2019 was reviewed, renewed and varied; the Public Guardian was appointed as guardian for 12 months with access, accommodation and services functions, and DYG was joined as a party.

Orders

  • ['The Public Guardian is appointed as the guardian.' 'This is a continuing guardianship order for a period of 12 months from 17 April 2020.' 'This is a limited guardianship order giving the guardian custody of BBG to the extent necessary to carry out the functions below.' 'The guardian has the access function: to...