TYC [2018] NSWCATGD 24

TYC [2018] NSWCATGD 24

The Tribunal was not satisfied that the balance of considerations favoured the making of a guardianship order; to do so would unnecessarily constrain Ms TYC’s freedom of action and decision-making and was not currently necessary to protect her from neglect, abuse or exploitation as she was functioning adequately with available supports.

Jurisdiction
Australia
Judgment Date
27 July 2018
Procedural Posture
Guardianship Application / Final Determination After Hearing
Outcome
application dismissed
Legal Topics
['guardianship Order' 'least Restriction Principle' 'supported Vs Substitute Decision Making']
['guardianship' 'disability Law'] ['guardianship Order' 'least Restriction Principle' 'supported Vs Substitute Decision Making']

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Procedural Posture

Guardianship Application / Final Determination After Hearing

Legal Issues

  1. 1 ['Whether Ms TYC is a person in need of a guardian as defined under the Guardianship Act 1987 (NSW)' 'Whether it is appropriate to make a guardianship order having regard to statutory principles and the present circumstances']

Ratio Decidendi

The Tribunal was not satisfied that the balance of considerations favoured the making of a guardianship order; to do so would unnecessarily constrain Ms TYC’s freedom of action and decision-making and was not currently necessary to protect her from neglect, abuse or exploitation as she was functioning adequately with available supports.

Court Disposition

application dismissed

Orders

  • ['The application for a guardianship order is dismissed after hearing.']