SZM [2019] NSWCATGD 25

SZM [2019] NSWCATGD 25

SZM continued to have a disability due to mental illness and needed support to manage his life. Although accommodation, health care and medical and dental treatment functions were no longer required, ongoing decisions about services were needed because his NDIS plan was under-funded and negotiating further services was complex. Without an order he may be at risk of not receiving necessary services, and no private person was available to act as guardian, so the Public Guardian should be reappointed for the services function for 12 months.

Jurisdiction
Australia
Judgment Date
13 December 2019
Procedural Posture
Review of Guardianship Order / Statutory End of Term Review
Outcome
Guardianship order reviewed, renewed and varied.
Legal Topics
['review of Guardianship Order' 'renewal and Variation of Guardianship Order' 'need for Guardian' 'services Function' 'ndis Supports' 'public Guardian']
['guardianship'] ['review of Guardianship Order' 'renewal and Variation of Guardianship Order' 'need for Guardian' 'services Function' 'ndis Supports' 'public Guardian']

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Procedural Posture

Review of Guardianship Order / Statutory End of Term Review

Legal Issues

  1. 1 ['Whether SZM continues to have a disability which means he needs help to manage his life.' 'Whether a further guardianship order should be made and, if so, what order should be made.' 'Who should be appointed as guardian.' 'How long the guardianship order should last.']

Ratio Decidendi

SZM continued to have a disability due to mental illness and needed support to manage his life. Although accommodation, health care and medical and dental treatment functions were no longer required, ongoing decisions about services were needed because his NDIS plan was under-funded and negotiating further services was complex. Without an order he may be at risk of not receiving necessary services, and no private person was available to act as guardian, so the Public Guardian should be reappointed for the services function for 12 months.

Court Disposition

Guardianship order reviewed, renewed and varied.

Orders

  • ['The Public Guardian is appointed as the guardian.' 'This is a continuing guardianship order for a period of 12 months from 13 December 2019.' 'This is a limited guardianship order giving the guardian(s) custody of SZM to the extent necessary to carry out the functions below.' 'The guardian has the following...