CNQ v NSW Trustee and Guardian [2017] NSWCATAD 32

CNQ v NSW Trustee and Guardian [2017] NSWCATAD 32

The correct and preferable decision was for the mother to remain at XYZ care facility because the evidence did not establish that her declining health was caused by the care provided there, four of her five adult children and her treating doctors considered the facility provided good care, she was settled and comfortable there, relocation risked confusion and distress, and remaining at XYZ was more likely to preserve family relationships through more regular visits by Sydney-based family members.

Jurisdiction
Australia
Judgment Date
16 February 2017
Procedural Posture
Administrative Review of a Public Guardian Accommodation Decision Concerning a Protected Person Under Guardianship / Final Decision Affirming the Decision Under Review
Outcome
Decision by the NSW Trustee & Guardian that the protected person continue to reside in the aged care facility is affirmed.
Legal Topics
['accommodation Decision for Protected Person' 'aged Care Facility' 'dementia' 'public Guardian Functions' 'correct and Preferable Decision' 'welfare and Interests of Protected Person' 'preservation of Family Relationships']
['guardianship' 'administrative Law'] ['accommodation Decision for Protected Person' 'aged Care Facility' 'dementia' 'public Guardian Functions' 'correct and Preferable Decision' 'welfare and Interests of Protected Person' 'preservation of Family Relationships']

Case Brief

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Procedural Posture

Administrative Review of a Public Guardian Accommodation Decision Concerning a Protected Person Under Guardianship / Final Decision Affirming the Decision Under Review

Legal Issues

  1. 1 ['Whether the decision that the protected person continue to reside at XYZ care facility was the correct and preferable decision.' 'Whether concerns about the quality of care at XYZ care facility justified relocation to an alternative aged care facility.' "Whether relocation would better serve the protected person's welfare and interests and preserve family relationships."]

Ratio Decidendi

The correct and preferable decision was for the mother to remain at XYZ care facility because the evidence did not establish that her declining health was caused by the care provided there, four of her five adult children and her treating doctors considered the facility provided good care, she was settled and comfortable there, relocation risked confusion and distress, and remaining at XYZ was more likely to preserve family relationships through more regular visits by Sydney-based family members.

Court Disposition

Decision by the NSW Trustee & Guardian that the protected person continue to reside in the aged care facility is affirmed.

Orders

  • ['The decision of the Public Guardian dated 10 May 2016 regarding accommodation is affirmed.']