NHD [2018] NSWCATGD 41

NHD [2018] NSWCATGD 41

NHD continued to have disabilities, including intellectual disability and bipolar disorder, which prevented her from making important life decisions. The evidence showed an ongoing need for a guardian to make decisions about health care, medical and dental treatment, services and specified restrictive practices. BAH continued to meet the requirements for appointment and, given the need for a single decision-maker and her understanding of NHD's needs, it was in NHD's best interests to appoint BAH as guardian. The order was therefore renewed and varied for three years with limited functions and conditions.

Jurisdiction
Australia
Judgment Date
26 October 2018
Procedural Posture
Review of Guardianship Order / End of Term Statutory Review of Guardianship Order
Outcome
The guardianship order for NHD made on 2 October 2015 was reviewed, renewed and varied. BAH was appointed as guardian for three years from 26 October 2018.
Legal Topics
['end of Term Review of Guardianship Order' 'functions of Guardian' 'appointment of Private Guardian' 'restrictive Practices' 'chemical Restraint' 'environmental Restraint']
['guardianship' 'administrative Law'] ['end of Term Review of Guardianship Order' 'functions of Guardian' 'appointment of Private Guardian' 'restrictive Practices' 'chemical Restraint' 'environmental Restraint']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Review of Guardianship Order / End of Term Statutory Review of Guardianship Order

Legal Issues

  1. 1 ['Whether NHD continues to have a disability which prevents her from being able to make important life decisions and is a person for whom a further guardianship order could be made.' 'Whether a further guardianship order should be made and what functions it should include.' 'Who should be appointed as guardian.' 'How long the guardianship order should last.']

Ratio Decidendi

NHD continued to have disabilities, including intellectual disability and bipolar disorder, which prevented her from making important life decisions. The evidence showed an ongoing need for a guardian to make decisions about health care, medical and dental treatment, services and specified restrictive practices. BAH continued to meet the requirements for appointment and, given the need for a single decision-maker and her understanding of NHD's needs, it was in NHD's best interests to appoint BAH as guardian. The order was therefore renewed and varied for three years with limited functions and conditions.

Court Disposition

The guardianship order for NHD made on 2 October 2015 was reviewed, renewed and varied. BAH was appointed as guardian for three years from 26 October 2018.

Orders

  • ['BAH of [Address removed for publication] is appointed as the guardian.' 'This is a continuing guardianship order for a period of three years from 26 October 2018.' 'This is a limited guardianship order giving the guardian(s) custody of NHD to the extent necessary to carry out the functions below.' 'The guardian...