NBZ [2017] NSWCATGD 35

NBZ [2017] NSWCATGD 35

Ms NBZ's schizophrenia and intellectual disability substantially impair her decision-making capacity in relation to accommodation, health care, services, and legal matters. As no suitable private guardian is available or seeking appointment, and a current need exists for decisions regarding health, services, and legal advocacy, it is appropriate and necessary to appoint the Public Guardian for a period of 12 months.

Parties
Person: Ms NBZ; Applicant: Mr TMG; Mother, Carer: Mrs OZG; Guardian: Public Guardian
Jurisdiction
Australia
Judgment Date
20 December 2017
Procedural Posture
Guardianship Application / Final Determination
Outcome
Guardianship order made. Public Guardian appointed as limited guardian for 12 months with specified functions.
Legal Topics
Appointment of Guardian, Decision Making Capacity, Provision of Services and Accommodation, Health Care and Medical Consent
Guardianship Disability Law Appointment of Guardian Decision Making Capacity Provision of Services and Accommodation Health Care and Medical Consent

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Parties

Ms NBZ

Person

Mr TMG

Applicant

Mrs OZG

Mother, Carer

Public Guardian

Guardian

Procedural Posture

Guardianship Application / Final Determination

Legal Issues

  1. 1 Is Ms NBZ a person in need of a guardian due to decision-making incapacity?
  2. 2 Should a guardianship order be made, and what should its scope be?
  3. 3 Who is the appropriate person or entity to be appointed as guardian?

Ratio Decidendi

Ms NBZ's schizophrenia and intellectual disability substantially impair her decision-making capacity in relation to accommodation, health care, services, and legal matters. As no suitable private guardian is available or seeking appointment, and a current need exists for decisions regarding health, services, and legal advocacy, it is appropriate and necessary to appoint the Public Guardian for a period of 12 months.

Court Disposition

Guardianship order made. Public Guardian appointed as limited guardian for 12 months with specified functions.

Orders

  • Public Guardian appointed as guardian for Ms NBZ for 12 months from 20 December 2017.
  • Limited guardianship order conferring powers over accommodation, health care, medical and dental consent, services, and legal services.