HAE [2018] NSWCATGD 10

HAE [2018] NSWCATGD 10

The Tribunal exercised its discretion under s 14(2) of the Guardianship Act 1987 (NSW) to make a guardianship order for Ms HAE, finding that due to her profound intellectual and physical disability, she is unable to manage her person or medical decisions. The guardianship order, limited to health care decisions including authority over resuscitation, was necessary because FACS policy required CPR unless a guardian was appointed to approve not for resuscitation. The order preserves Ms HAE's welfare and interests and authorises her father (with her mother as alternative) to make necessary advance decisions regarding life-sustaining treatment.

Parties
Subject Person: Ms HAE; Applicant: Ms PZG; Father and Carer: Mr DYE; Mother and Carer: Mrs DYE; Joined Party: Department of Family and Community Services (FACS); Party: The Public Guardian
Jurisdiction
Australia
Judgment Date
30 May 2018
Procedural Posture
Guardianship Application / Final Determination With Reasons for Orders
Outcome
Guardianship order made for Ms HAE.
Legal Topics
Appointment of Guardian, Withholding of Life Sustaining Treatment, Best Interests, Palliative Care, Resuscitation Orders
Guardianship Health Law Disability Law Appointment of Guardian Withholding of Life Sustaining Treatment Best Interests Palliative Care Resuscitation Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

Ms HAE

Subject Person

Ms PZG

Applicant

Mr DYE

Father and Carer

Mrs DYE

Mother and Carer

Department of Family and Community Services (FACS)

Joined Party

The Public Guardian

Party

Procedural Posture

Guardianship Application / Final Determination With Reasons for Orders

Legal Issues

  1. 1 Whether Ms HAE is a person in need of a guardian as defined by the Guardianship Act 1987 (NSW)
  2. 2 Whether a guardianship order should be made, and if so, the appropriate terms and appointees
  3. 3 What decision-making functions should be given to the guardian, specifically regarding health care and resuscitation plans

Ratio Decidendi

The Tribunal exercised its discretion under s 14(2) of the Guardianship Act 1987 (NSW) to make a guardianship order for Ms HAE, finding that due to her profound intellectual and physical disability, she is unable to manage her person or medical decisions. The guardianship order, limited to health care decisions including authority over resuscitation, was necessary because FACS policy required CPR unless a guardian was appointed to approve not for resuscitation. The order preserves Ms HAE's welfare and interests and authorises her father (with her mother as alternative) to make necessary advance decisions regarding life-sustaining treatment.

Court Disposition

Guardianship order made for Ms HAE.

Orders

  • A guardianship order is made for Ms HAE for a period of three years from 30 May 2018.
  • Mr DYE is appointed as the guardian.