OZD [2022] NSWCATGD 3

OZD [2022] NSWCATGD 3

OZD's advanced age and cognitive impairment made her partially incapable of managing her person and she remained a person in need of a guardian. Because significant decisions about access, accommodation, health care, medical and dental consent, and services were needed, and because family conflict and SAD's inability to make decisions objectively and consistently with the preservation of family relationships made him unsuitable under s 17(1)(c), the 2020 order was renewed and varied and the Public Guardian was appointed.

Jurisdiction
Australia
Judgment Date
22 March 2022
Procedural Posture
Review of Guardianship Order / End of Term Review
Outcome
The 2020 guardianship order was reviewed, renewed and varied; the Public Guardian was appointed as guardian for two years with an added services function.
Legal Topics
['review of Guardianship Order' 'person in Need of a Guardian' 'appointment of Public Guardian' 'suitability of Proposed Guardian' 'family Conflict' 'access, Accommodation, Health Care, Medical and Dental Consent, And Services Functions']
['guardianship Law' 'administrative Law'] ['review of Guardianship Order' 'person in Need of a Guardian' 'appointment of Public Guardian' 'suitability of Proposed Guardian' 'family Conflict' 'access, Accommodation, Health Care, Medical and Dental Consent, and Services Functions']

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Procedural Posture

Review of Guardianship Order / End of Term Review

Legal Issues

  1. 1 ['Whether OZD remains a person in need of a guardian under the Guardianship Act 1987 (NSW).' 'Whether the 2020 guardianship order should be renewed, renewed and varied, or allowed to lapse.' "Whether SAD was suitable to be appointed as OZD's guardian." 'What functions and term should be included in any renewed guardianship order.']

Ratio Decidendi

OZD's advanced age and cognitive impairment made her partially incapable of managing her person and she remained a person in need of a guardian. Because significant decisions about access, accommodation, health care, medical and dental consent, and services were needed, and because family conflict and SAD's inability to make decisions objectively and consistently with the preservation of family relationships made him unsuitable under s 17(1)(c), the 2020 order was renewed and varied and the Public Guardian was appointed.

Court Disposition

The 2020 guardianship order was reviewed, renewed and varied; the Public Guardian was appointed as guardian for two years with an added services function.

Orders

  • ['The Public Guardian is appointed as the guardian.' 'This is a continuing guardianship order for a period of two years from 23 March 2022.' 'This is a limited guardianship order giving the guardian custody of OZD to the extent necessary to carry out the functions below.' 'Access: To decide what access OZD has to...