CKS [2021] NSWCATGD 35
The evidence established that the enduring guardianship instrument appointing DKN was no longer workable due to distress, allegations, and loss of trust between CKS and DKN. CKS demonstrated capacity to make decisions regarding accommodation, health care and medical treatment, thus revocation of DKN’s appointment was in CKS's welfare and interests, consistent with statutory principles.
- Jurisdiction
- Australia
- Judgment Date
- 16 December 2021
- Procedural Posture
- Review of Enduring Guardianship Appointment / Final Determination
- Outcome
- appointment revoked
- Legal Topics
- ['review of Enduring Guardianship' 'revocation of Appointment' 'capacity Assessment' 'elder Abuse Allegations']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Review of Enduring Guardianship Appointment / Final Determination
Legal Issues
- 1 ['Whether to confirm, revoke, or substitute the appointment of an enduring guardian' 'Whether CKS requires a guardianship or financial management order' 'Whether CKS has capacity to make decisions regarding accommodation, health care and finances']
Ratio Decidendi
The evidence established that the enduring guardianship instrument appointing DKN was no longer workable due to distress, allegations, and loss of trust between CKS and DKN. CKS demonstrated capacity to make decisions regarding accommodation, health care and medical treatment, thus revocation of DKN’s appointment was in CKS's welfare and interests, consistent with statutory principles.
Court Disposition
appointment revoked
Orders
- ['The appointment of DKN as an enduring guardian is revoked.']
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment