NDF [2017] NSWCATGD 34

NDF [2017] NSWCATGD 34

Mrs NDF continued to have a disability preventing her from making important life decisions, and family discord meant that decisions about accommodation and access could not practicably be made informally. The Public Guardian's existing decision-making was working satisfactorily and consistently with Mrs NDF's welfare and interests, while the proposal for joint guardianship by the three daughters was unworkable and likely to worsen family conflict; Mrs BZT and Ms DGF did not demonstrate suitability or sufficient understanding of the s 4 principles. A further limited guardianship order appointing the Public Guardian for three years with access and accommodation functions best served Mrs...

Jurisdiction
Australia
Judgment Date
25 August 2017
Procedural Posture
Review of Guardianship Order and Requested Review of Guardianship Order / End of Term Review Brought Forward and Requested Review
Outcome
Guardianship order reviewed and renewed; Public Guardian appointed for three years with access and accommodation functions; request by Mrs BZT and Ms DGF to conduct a review refused.
Legal Topics
['end of Term Review of Guardianship Order' 'whether to Renew Guardianship Order' "scope of Guardian's Functions" 'identity of Guardian' 'duration of Guardianship Order' 'late Submissions']
['guardianship' 'practice and Procedure'] ['end of Term Review of Guardianship Order' 'whether to Renew Guardianship Order' "scope of Guardian's Functions" 'identity of Guardian' 'duration of Guardianship Order' 'late Submissions']

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Procedural Posture

Review of Guardianship Order and Requested Review of Guardianship Order / End of Term Review Brought Forward and Requested Review

Legal Issues

  1. 1 ['Whether Mrs NDF continued to be a person in need of a guardian because of a disability preventing her from making important life decisions.' 'Whether a further guardianship order should be made.' 'What functions the guardian should have.' 'Who should be appointed as guardian.' 'How long any further guardianship order should last.' 'Whether the Tribunal should conduct or refuse the requested review under ss 25A(a) and (b) of the Guardianship Act 1987 (NSW).']

Ratio Decidendi

Mrs NDF continued to have a disability preventing her from making important life decisions, and family discord meant that decisions about accommodation and access could not practicably be made informally. The Public Guardian's existing decision-making was working satisfactorily and consistently with Mrs NDF's welfare and interests, while the proposal for joint guardianship by the three daughters was unworkable and likely to worsen family conflict; Mrs BZT and Ms DGF did not demonstrate suitability or sufficient understanding of the s 4 principles. A further limited guardianship order appointing the Public Guardian for three years with access and accommodation functions best served Mrs...

Court Disposition

Guardianship order reviewed and renewed; Public Guardian appointed for three years with access and accommodation functions; request by Mrs BZT and Ms DGF to conduct a review refused.

Orders

  • ['The guardianship order for Mrs NDF made on 7 December 2016 has been reviewed.' 'The Public Guardian is appointed as the Guardian.' 'This is a continuing guardianship order for a period of three years from 25 August 2017.' 'This is a limited guardianship order giving the guardian custody of Mrs NDF to the extent...