UMD [2015] NSWCATGD 35

UMD [2015] NSWCATGD 35

There was no evidence of continuing conflict or need for a formal guardian; Mrs LCM could advocate as 'person responsible' for Mr UMD, and his needs could be met without a guardianship order. The order should lapse.

Parties
Person Under Guardianship: Mr UMD; Daughter and Guardian of Mr UMD: Mrs LCM; Public Guardian: The Public Guardian
Jurisdiction
Australia
Judgment Date
06 May 2015
Procedural Posture
Guardianship Statutory Review / Review of Guardianship Order
Outcome
Guardianship order lapsed
Legal Topics
Review of Guardianship Order, Disability and Decision Making, Role of Guardian, Guardianship Order Lapse
Guardianship Review of Guardianship Order Disability and Decision Making Role of Guardian Guardianship Order Lapse

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Parties

Mr UMD

Person Under Guardianship

Mrs LCM

Daughter and Guardian of Mr UMD

The Public Guardian

Public Guardian

Procedural Posture

Guardianship Statutory Review / Review of Guardianship Order

Legal Issues

  1. 1 Whether Mr UMD remains a person for whom a guardianship order should be made
  2. 2 Whether there is a need for a further guardianship order to be made

Ratio Decidendi

There was no evidence of continuing conflict or need for a formal guardian; Mrs LCM could advocate as 'person responsible' for Mr UMD, and his needs could be met without a guardianship order. The order should lapse.

Court Disposition

Guardianship order lapsed

Orders

  • Guardianship order concerning Mr UMD has lapsed.