QYT [2021] NSWCATGD 8

QYT [2021] NSWCATGD 8

QYT is a person in need of a guardian under the Guardianship Act 1987 (NSW), being incapable due to a disability of managing his own person. A guardianship order is necessary, limited to accommodation, health care, services, medical/dental consent, and consent to chemical, mechanical, and environmental restrictive practices. The order reflects QYT's previously expressed wishes, supports family involvement, is the least restrictive alternative, and will last 12 months.

Jurisdiction
Australia
Judgment Date
28 May 2021
Procedural Posture
Guardianship Application / Hearing and Determination at First Instance
Outcome
Guardianship order made for QYT; RZT appointed guardian; OBC appointed alternate guardian; order to last 12 months; functions and conditions specified.
Legal Topics
['appointment of Guardian' 'restrictive Practices' 'disability and Capacity' 'enduring Guardianship' 'consent to Medical Treatment']
['guardianship' 'health Law'] ['appointment of Guardian' 'restrictive Practices' 'disability and Capacity' 'enduring Guardianship' 'consent to Medical Treatment']

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Procedural Posture

Guardianship Application / Hearing and Determination at First Instance

Legal Issues

  1. 1 ['Whether QYT is a person for whom the Tribunal can make a guardianship order' 'Whether a guardianship order should be made for QYT and what form it should take' 'Who should be appointed as guardian and alternate guardian' 'Duration of the guardianship order']

Ratio Decidendi

QYT is a person in need of a guardian under the Guardianship Act 1987 (NSW), being incapable due to a disability of managing his own person. A guardianship order is necessary, limited to accommodation, health care, services, medical/dental consent, and consent to chemical, mechanical, and environmental restrictive practices. The order reflects QYT's previously expressed wishes, supports family involvement, is the least restrictive alternative, and will last 12 months.

Court Disposition

Guardianship order made for QYT; RZT appointed guardian; OBC appointed alternate guardian; order to last 12 months; functions and conditions specified.

Orders

  • ['A guardianship order is made for QYT.' 'RZT is appointed as the guardian.' 'OBC is appointed as the alternative guardian.' 'This is a continuing guardianship order for a period of 12 months from 28 May 2021.' 'This is a limited guardianship order giving the guardian custody of QYT to the extent necessary to carry...