DZD [2020] NSWCATGD 58

DZD [2020] NSWCATGD 58

DZD lacks capacity due to traumatic brain injury and chronic mental illness and actively objects to required medical treatment. Services and frequent decisions about accommodation, health care, medical and dental consent, restrictive practices, and services cannot practicably be provided without a guardianship order. No private person is available; thus, Public Guardian is appointed as guardian with authority to override objections for four months. The application for consent to medical treatment is dismissed as these functions are vested in the guardian.

Jurisdiction
Australia
Judgment Date
07 August 2020
Procedural Posture
Guardianship Application and Request for Consent to Medical Treatment / Initial Hearing and Determination
Outcome
Guardianship order made appointing Public Guardian; application for consent to medical treatment dismissed
Legal Topics
['application for Guardianship Order' 'consent to Medical and Dental Treatment' 'authority to Override Objections to Medical Treatment' 'restrictive Practices (chemical and Physical Restraint)' 'appointment of Public Guardian']
['guardianship' 'mental Health'] ['application for Guardianship Order' 'consent to Medical and Dental Treatment' 'authority to Override Objections to Medical Treatment' 'restrictive Practices (chemical and Physical Restraint)' 'appointment of Public Guardian']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Guardianship Application and Request for Consent to Medical Treatment / Initial Hearing and Determination

Legal Issues

  1. 1 ['Whether DZD has a disability preventing her from making important life decisions' 'Whether a guardianship order should be made and with what functions' 'Who should be appointed as guardian' 'How long should the guardianship order last' 'Whether consent to medical treatment should be granted and who should provide it']

Ratio Decidendi

DZD lacks capacity due to traumatic brain injury and chronic mental illness and actively objects to required medical treatment. Services and frequent decisions about accommodation, health care, medical and dental consent, restrictive practices, and services cannot practicably be provided without a guardianship order. No private person is available; thus, Public Guardian is appointed as guardian with authority to override objections for four months. The application for consent to medical treatment is dismissed as these functions are vested in the guardian.

Court Disposition

Guardianship order made appointing Public Guardian; application for consent to medical treatment dismissed

Orders

  • ['Guardianship order made for DZD' 'Public Guardian appointed as guardian' 'Continuing guardianship order for four months from 7 August 2020' "Limited guardianship order granting specified functions: accommodation, health care, medical/dental consent (including authority to override DZD's objections), services,...