MDM [2017] NSWCATGD 5

MDM [2017] NSWCATGD 5

Ms MDM was comatose after an almost drowning and cardiac arrest and, on the medical evidence, had a disability preventing her from making important life decisions. Detective TNU had a genuine concern for her welfare. It was necessary and in Ms MDM's best interests to appoint a guardian to make decisions about health care, medical and dental treatment, identity assessment, and release of identity information, including biological samples to establish her identity and locate family members. Because the order was temporary, the Public Guardian had to be appointed, and the order was made for 30 days.

Jurisdiction
Australia
Judgment Date
23 February 2017
Procedural Posture
Guardianship Application / Hearing of Urgent Application for a Temporary Guardianship Order
Outcome
Temporary limited guardianship order made for Ms MDM; the Public Guardian appointed for 30 days.
Legal Topics
['temporary Guardianship Order' 'person in Need of a Guardian' 'unknown Identity' 'biological Samples' 'health Care Decisions' 'medical and Dental Consent' 'withdrawal of Medical Treatment']
['guardianship' 'health Law'] ['temporary Guardianship Order' 'person in Need of a Guardian' 'unknown Identity' 'biological Samples' 'health Care Decisions' 'medical and Dental Consent' 'withdrawal of Medical Treatment']

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Procedural Posture

Guardianship Application / Hearing of Urgent Application for a Temporary Guardianship Order

Legal Issues

  1. 1 ['Whether Detective TNU had standing to bring the guardianship application.' 'Whether Ms MDM was a person for whom the Tribunal could make a guardianship order because she had a disability preventing her from making important life decisions.' 'Whether a guardianship order should be made and what functions should be allocated to the guardian.' 'Whether a guardian could be authorised to make health care decisions including possible withdrawal of treatment.' 'Who should be appointed guardian.' 'How long the order should last.']

Ratio Decidendi

Ms MDM was comatose after an almost drowning and cardiac arrest and, on the medical evidence, had a disability preventing her from making important life decisions. Detective TNU had a genuine concern for her welfare. It was necessary and in Ms MDM's best interests to appoint a guardian to make decisions about health care, medical and dental treatment, identity assessment, and release of identity information, including biological samples to establish her identity and locate family members. Because the order was temporary, the Public Guardian had to be appointed, and the order was made for 30 days.

Court Disposition

Temporary limited guardianship order made for Ms MDM; the Public Guardian appointed for 30 days.

Orders

  • ['A guardianship order is made for the unidentified female Ms MDM.' 'The Public Guardian is appointed as the guardian.' 'This is a temporary guardianship order for a period of 30 days from the date of this order.' 'This is a limited guardianship order giving the guardian custody of Ms MDM to the extent necessary to...