NXC [2016] NSWCATGD 13

NXC [2016] NSWCATGD 13

The Tribunal found none of Mrs NXC's daughters were able to exercise guardianship functions in accordance with the statutory principles, given the high level of intra-family conflict and breakdown in relations with the current facility; therefore, only the Public Guardian could be appointed. An access, advocacy, and services function should be retained due to ongoing risk of conflict and unresolved accommodation issues. The order should last for five years due to Mrs NXC's permanent incapacity and the need for continuity.

Parties
Subject Person: Mrs NXC; Joint Guardian (prior): Ms DVC; Joint Guardian (prior): Mrs TFN; Former Carer; Applicant for Guardianship: Ms TPC; Guardian (appointed): The NSW Public Guardian
Jurisdiction
Australia
Judgment Date
22 March 2016
Procedural Posture
End of Term Guardianship Review / Hearing and Determination
Outcome
Public Guardian appointed as sole guardian for five years; orders of previous guardians revoked and varied.
Legal Topics
Appointment of Guardian, Access to Person Under Guardianship, Advocacy Function, End of Life Medical Decisions, Conflict of Interest, Renewal and Variation of Guardianship Order
Guardianship Appointment of Guardian Access to Person Under Guardianship Advocacy Function End of Life Medical Decisions Conflict of Interest Renewal and Variation of Guardianship Order

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Parties

Mrs NXC

Subject Person

Ms DVC

Joint Guardian (prior)

Mrs TFN

Joint Guardian (prior)

Ms TPC

Former Carer; Applicant for Guardianship

The NSW Public Guardian

Guardian (appointed)

Procedural Posture

End of Term Guardianship Review / Hearing and Determination

Legal Issues

  1. 1 Whether a guardianship order should be renewed and varied for Mrs NXC
  2. 2 Who should be appointed as guardian for Mrs NXC
  3. 3 What functions should the appointed guardian hold, including access, services, and advocacy

Ratio Decidendi

The Tribunal found none of Mrs NXC's daughters were able to exercise guardianship functions in accordance with the statutory principles, given the high level of intra-family conflict and breakdown in relations with the current facility; therefore, only the Public Guardian could be appointed. An access, advocacy, and services function should be retained due to ongoing risk of conflict and unresolved accommodation issues. The order should last for five years due to Mrs NXC's permanent incapacity and the need for continuity.

Court Disposition

Public Guardian appointed as sole guardian for five years; orders of previous guardians revoked and varied.

Orders

  • The Public Guardian is appointed as Mrs NXC's guardian for a period of five years to make decisions on her behalf about access, services, advocacy in relation to accommodation, healthcare, and consent to medical and dental treatment.