UEU [2014] NSWCATGD 46

UEU [2014] NSWCATGD 46

Miss UEU continues to have a disability (dementia) that prevents her making important life decisions. She requires the protection of a guardianship order to ensure that proper consent can be given for major medical and dental treatment, including administration of medication like Risperidone. No private guardian is available, so the Public Guardian is appointed with this function for three months.

Parties
Subject Person: Miss UEU; Guardian: The Public Guardian
Jurisdiction
Australia
Judgment Date
15 December 2014
Procedural Posture
Guardianship Review / End of Term Review
Outcome
Guardianship order renewed for three months; Public Guardian appointed with function of medical and dental consent.
Legal Topics
Review of Guardianship Order, Medical and Dental Consent, Consent to Major Medication, Appointment of Public Guardian
Guardianship Law Review of Guardianship Order Medical and Dental Consent Consent to Major Medication Appointment of Public Guardian

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Parties

Miss UEU

Subject Person

The Public Guardian

Guardian

Procedural Posture

Guardianship Review / End of Term Review

Legal Issues

  1. 1 Whether Miss UEU continues to have a disability preventing her from making important life decisions
  2. 2 Whether a further guardianship order should be made and its terms
  3. 3 Who should be appointed as guardian

Ratio Decidendi

Miss UEU continues to have a disability (dementia) that prevents her making important life decisions. She requires the protection of a guardianship order to ensure that proper consent can be given for major medical and dental treatment, including administration of medication like Risperidone. No private guardian is available, so the Public Guardian is appointed with this function for three months.

Court Disposition

Guardianship order renewed for three months; Public Guardian appointed with function of medical and dental consent.

Orders

  • Guardianship order for Miss UEU renewed for three months.
  • Public Guardian appointed as guardian with authority for medical and dental consent.