NSM [2020] NSWCATGD 84

NSM [2020] NSWCATGD 84

The Tribunal renewed the guardianship order for NSM and reappointed the Public Guardian as guardian for two years because NSM continues to have severe dementia and lacks capacity, requiring ongoing support. Family conflict prevented appointment of a private guardian, as BYM was not shown to meet the statutory criteria under s 17(1), and appointment of the Public Guardian best promoted NSM's welfare and interests. Functions granted included decisions on access, accommodation, health care, and medical/dental consent. Allegations of bias and procedural unfairness were not established and did not justify recusal or adjournment.

Parties
The Person: NSM; Appointed Guardian: Public Guardian; Joined Party / Applicant: BYM; Joined Party: LZM; Spouse: UAM
Jurisdiction
Australia
Judgment Date
04 August 2020
Procedural Posture
Guardianship Order Review / Final Determination After Hearing
Outcome
Guardianship order for NSM renewed and varied; Public Guardian reappointed for two years; limited functions granted; application by BYM to be appointed as guardian refused.
Legal Topics
Review of Guardianship Order, Appointment of Guardian, Disability and Decision Making Capacity, Procedural Fairness, Bias Allegations, Family Conflict in Guardianship, Access and Accommodation Functions, Health Care and Medical Consent, COVID 19 Procedure Adjustments
Guardianship Elder Law Civil Procedure Review of Guardianship Order Appointment of Guardian Disability and Decision Making Capacity Procedural Fairness Bias Allegations +4 more

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Parties

NSM

The Person

Public Guardian

Appointed Guardian

BYM

Joined Party / Applicant

LZM

Joined Party

UAM

Spouse

Procedural Posture

Guardianship Order Review / Final Determination After Hearing

Legal Issues

  1. 1 Whether NSM continues to be a person in need of a guardian under the Guardianship Act 1987 (NSW)
  2. 2 Whether a further guardianship order should be made for NSM
  3. 3 Who should be appointed as guardian, specifically whether BYM or the Public Guardian is suitable

Ratio Decidendi

The Tribunal renewed the guardianship order for NSM and reappointed the Public Guardian as guardian for two years because NSM continues to have severe dementia and lacks capacity, requiring ongoing support. Family conflict prevented appointment of a private guardian, as BYM was not shown to meet the statutory criteria under s 17(1), and appointment of the Public Guardian best promoted NSM's welfare and interests. Functions granted included decisions on access, accommodation, health care, and medical/dental consent. Allegations of bias and procedural unfairness were not established and did not justify recusal or adjournment.

Court Disposition

Guardianship order for NSM renewed and varied; Public Guardian reappointed for two years; limited functions granted; application by BYM to be appointed as guardian refused.

Orders

  • Public Guardian appointed as guardian for NSM.
  • Guardianship order to continue for two years from 4 August 2020.