UTW [2016] NSWCATGD 43

UTW [2016] NSWCATGD 43

The Tribunal concluded Mr UTW's severe intellectual disability and lack of family or advocate warranted the appointment of a guardian for accommodation and services for three years.

Parties
Subject Person: Mr UTW; Applicant: Ms CRN; Guardian: The NSW Public Guardian
Jurisdiction
Australia
Judgment Date
25 August 2016
Procedural Posture
Guardianship Application / Hearing and Determination
Outcome
Guardianship order made
Legal Topics
Application for Guardianship Order, Disability, National Disability Insurance Scheme, Public Guardian, Accommodation and Services
Guardianship Law Application for Guardianship Order Disability National Disability Insurance Scheme Public Guardian Accommodation and Services

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Parties

Mr UTW

Subject Person

Ms CRN

Applicant

The NSW Public Guardian

Guardian

Procedural Posture

Guardianship Application / Hearing and Determination

Legal Issues

  1. 1 Whether Mr UTW has a disability which prevents him from making important life decisions
  2. 2 Whether a guardianship order should be made
  3. 3 Who should be appointed as guardian

Ratio Decidendi

The Tribunal concluded Mr UTW's severe intellectual disability and lack of family or advocate warranted the appointment of a guardian for accommodation and services for three years.

Court Disposition

Guardianship order made

Orders

  • A guardianship order is made for Mr UTW.
  • The Public Guardian is appointed as the guardian.