TZM [2019] NSWCATGD 6

TZM [2019] NSWCATGD 6

Given TZM's disability, incapacity in personal and health matters, practical necessity for formal appointment to secure required medical care, and evidence that NBI meets statutory criteria for private guardian, a 12-month limited guardianship order covering health care, medical/dental consent, accommodation, and services should be made appointing NBI as guardian.

Parties
Person: TZM; Applicant: NBI; Respondent: Public Guardian
Jurisdiction
Australia
Judgment Date
06 March 2019
Procedural Posture
Guardianship Application / Final Determination and Orders
Outcome
Guardianship order made for TZM; NBI appointed as limited guardian for 12 months.
Legal Topics
Application for Guardianship Order, Appointment of Private Guardian, Medical Consent, Person Responsible Regime, Disability and Decision Making Capacity
Guardianship Application for Guardianship Order Appointment of Private Guardian Medical Consent Person Responsible Regime Disability and Decision Making Capacity

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Parties

TZM

Person

NBI

Applicant

Public Guardian

Respondent

Procedural Posture

Guardianship Application / Final Determination and Orders

Legal Issues

  1. 1 Whether TZM is a person in need of a guardian due to disability
  2. 2 Whether a guardianship order should be made and its scope
  3. 3 Who should be appointed as guardian

Ratio Decidendi

Given TZM's disability, incapacity in personal and health matters, practical necessity for formal appointment to secure required medical care, and evidence that NBI meets statutory criteria for private guardian, a 12-month limited guardianship order covering health care, medical/dental consent, accommodation, and services should be made appointing NBI as guardian.

Court Disposition

Guardianship order made for TZM; NBI appointed as limited guardian for 12 months.

Orders

  • A guardianship order is made for TZM.
  • NBI is appointed as guardian.