TDG [2020] NSWCATGD 81

TDG [2020] NSWCATGD 81

The evidence did not establish that QAX was unsuitable to continue as guardian for TDG. TDG continues to require a guardian, and QAX is willing and able, with no conflict of interest, supported by the subject person and credible witnesses. The statutory criteria are met for continuation and variation of the order, with QAX's functions being expanded to include decision-making about legal services.

Jurisdiction
Australia
Judgment Date
28 September 2020
Procedural Posture
Guardianship Order Review / Hearing and Decision on Review of Guardianship Order
Outcome
Guardianship order for TDG continued and varied; QAX reappointed as guardian with expanded functions for two years.
Legal Topics
['review of Guardianship Orders' 'appointment and Suitability of Private Guardian' 'functions of Guardians' 'duration and Variation of Guardianship Orders']
['guardianship' 'elder Law'] ['review of Guardianship Orders' 'appointment and Suitability of Private Guardian' 'functions of Guardians' 'duration and Variation of Guardianship Orders']

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Procedural Posture

Guardianship Order Review / Hearing and Decision on Review of Guardianship Order

Legal Issues

  1. 1 ['Whether TDG continues to be a person in need of a guardian under the Guardianship Act 1987 (NSW)' 'Whether the appointment of QAX as guardian should be revoked' 'Who is the suitable person to be appointed as guardian for TDG' 'What decision-making functions should the guardian have' 'Appropriate duration and reviewability of the guardianship order']

Ratio Decidendi

The evidence did not establish that QAX was unsuitable to continue as guardian for TDG. TDG continues to require a guardian, and QAX is willing and able, with no conflict of interest, supported by the subject person and credible witnesses. The statutory criteria are met for continuation and variation of the order, with QAX's functions being expanded to include decision-making about legal services.

Court Disposition

Guardianship order for TDG continued and varied; QAX reappointed as guardian with expanded functions for two years.

Orders

  • ['QAX appointed as guardian for TDG.' 'Order is for two years from 28 September 2020.' 'Limited guardianship order with functions: accommodation, health care, medical/dental consent, services, and legal services for TDG.' 'Order subject to the Standard Condition: the guardian must take reasonable steps to bring TDG...