QMU [2017] NSWCATGD 19

QMU [2017] NSWCATGD 19

Mr QMU presently had physical and cognitive impairments that prevented him from making important decisions about health care and accommodation, fulfilling the statutory criteria for a guardianship order. Due to the conflict between Mrs FZU and the treating team, and the impracticability of decisions without a guardian, the Public Guardian was appointed for three months.

Jurisdiction
Australia
Judgment Date
25 April 2017
Procedural Posture
Guardianship Application / Hearing and Final Decision
Outcome
Guardianship order made for three months with Public Guardian appointed, limited to decisions on accommodation, health care, and medical/dental consent.
Legal Topics
['guardianship Order' 'disability Assessment' 'medical Decision Making' 'appointment of Public Guardian' 'dispute Between Family and Treating Team']
['guardianship' 'health Law'] ['guardianship Order' 'disability Assessment' 'medical Decision Making' 'appointment of Public Guardian' 'dispute Between Family and Treating Team']

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Procedural Posture

Guardianship Application / Hearing and Final Decision

Legal Issues

  1. 1 ['Whether Mr QMU has a disability preventing decision-making about major life activities' 'Whether a guardianship order should be made and on what terms' 'Who should be appointed guardian' 'Duration of the order']

Ratio Decidendi

Mr QMU presently had physical and cognitive impairments that prevented him from making important decisions about health care and accommodation, fulfilling the statutory criteria for a guardianship order. Due to the conflict between Mrs FZU and the treating team, and the impracticability of decisions without a guardian, the Public Guardian was appointed for three months.

Court Disposition

Guardianship order made for three months with Public Guardian appointed, limited to decisions on accommodation, health care, and medical/dental consent.

Orders

  • ['A guardianship order is made for Mr QMU.' 'The Public Guardian is appointed as guardian.' 'This is a continuing guardianship order for a period of 3 months from the date of this order.' 'This is a limited guardianship order giving the guardian custody of Mr QMU to the extent necessary for accommodation, health...