BQH [2018] NSWCATGD 16

BQH [2018] NSWCATGD 16

BQH has a moderate intellectual disability, significant communication deficits and lacks capacity to make important decisions about accommodation, health care and services. Significant decisions remained to be made about her long-term accommodation, NDIS-funded services, health care and medical or dental treatment, and there was no private person seeking appointment as guardian. The Tribunal therefore renewed and varied the guardianship order by continuing the Public Guardian's appointment for three years with accommodation, health care, medical/dental consent and services functions, and dismissed BQH's requested review application with consent because she no longer sought revocation.

Jurisdiction
Australia
Judgment Date
27 September 2018
Procedural Posture
Review of Guardianship Order; Requested Review of Guardianship Order / Substantive Hearing and Statutory End of Term Review
Outcome
The application to review the current guardianship order for BQH was dismissed after hearing; the guardianship order made on 15 September 2017 was reviewed, renewed and varied.
Legal Topics
['review of Guardianship Order' 'appointment of Public Guardian' 'decision Making Capacity' 'ndis Services' 'services Function' 'limited Guardianship Order']
['guardianship Law' 'administrative Law'] ['review of Guardianship Order' 'appointment of Public Guardian' 'decision Making Capacity' 'ndis Services' 'services Function' 'limited Guardianship Order']

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Procedural Posture

Review of Guardianship Order; Requested Review of Guardianship Order / Substantive Hearing and Statutory End of Term Review

Legal Issues

  1. 1 ['Whether BQH continues to have a disability which prevents her from being able to make important life decisions.' 'Whether a further guardianship order should be made and what functions should be conferred.' 'Who should be appointed as guardian.' 'How long the guardianship order should last.' 'Whether the services function permits a guardian to prevent or restrict access to legal representation, advocacy services, or a medical report.']

Ratio Decidendi

BQH has a moderate intellectual disability, significant communication deficits and lacks capacity to make important decisions about accommodation, health care and services. Significant decisions remained to be made about her long-term accommodation, NDIS-funded services, health care and medical or dental treatment, and there was no private person seeking appointment as guardian. The Tribunal therefore renewed and varied the guardianship order by continuing the Public Guardian's appointment for three years with accommodation, health care, medical/dental consent and services functions, and dismissed BQH's requested review application with consent because she no longer sought revocation.

Court Disposition

The application to review the current guardianship order for BQH was dismissed after hearing; the guardianship order made on 15 September 2017 was reviewed, renewed and varied.

Orders

  • ['The Public Guardian is appointed as the guardian.' 'This is a continuing guardianship order for a period of three years from 27 September 2018.' 'This is a limited guardianship order giving the guardian custody of BQH to the extent necessary to carry out the specified functions.' 'The guardian has the...