ESI [2015] NSWCATGD 13

ESI [2015] NSWCATGD 13

The guardianship order was confirmed without variation because the circumstances that justified the order on 23 October 2014 continued to apply, there had been no material change since the order was made, Mrs NBI remained dissatisfied with Dr Z's treatment, there was a possible need to choose an alternative GP, substitute consent was required for Mr ESI's major medication, and no suitable private person was available to act as guardian.

Jurisdiction
Australia
Judgment Date
23 February 2015
Procedural Posture
Guardianship Review / Requested Review of Existing Guardianship Order
Outcome
Guardianship order reviewed and confirmed with no variations.
Legal Topics
['review of Guardianship Order' 'consent to Medical Treatment' 'major Medication' 'no Person Responsible' 'appointment of Public Guardian']
['guardianship Law' 'administrative Law'] ['review of Guardianship Order' 'consent to Medical Treatment' 'major Medication' 'no Person Responsible' 'appointment of Public Guardian']

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Procedural Posture

Guardianship Review / Requested Review of Existing Guardianship Order

Legal Issues

  1. 1 ['Whether the guardianship order concerning Mr ESI should continue.' 'What functions should be given to the guardian.' 'Who should be the guardian.' 'Whether there had been any material change since the guardianship order was made.']

Ratio Decidendi

The guardianship order was confirmed without variation because the circumstances that justified the order on 23 October 2014 continued to apply, there had been no material change since the order was made, Mrs NBI remained dissatisfied with Dr Z's treatment, there was a possible need to choose an alternative GP, substitute consent was required for Mr ESI's major medication, and no suitable private person was available to act as guardian.

Court Disposition

Guardianship order reviewed and confirmed with no variations.

Orders

  • ['The previous guardianship order concerning Mr ESI is confirmed with no variations.']