DZH [2020] NSWCATGD 86

DZH [2020] NSWCATGD 86

The Tribunal was satisfied that DZH had moderate vascular dementia causing incapacity to make important life decisions and manage her finances; that decisions about discharge accommodation, health care, medical and dental treatment, services and finances could not practicably be made without orders; that DZH's...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
21 December 2020
Procedural Posture
Guardianship Application and Financial Management Application / Final Hearing and Orders
Outcome
Guardianship order and financial management order made for DZH; KBH appointed as guardian and financial manager.
Legal Topics
['guardianship Order' 'financial Management Order' 'dementia and Decision Making Capacity' 'accommodation Decisions' 'medical and Dental Consent' 'authority to Override Objections to Medical Treatment' 'residential Aged Care' 'private Guardian Appointment' 'private Financial Manager Appointment']
['guardianship' 'financial Management'] ['guardianship Order' 'financial Management Order' 'dementia and Decision Making Capacity' 'accommodation Decisions' 'medical and Dental Consent' 'authority to Override Objections to Medical Treatment' 'residential Aged Care' 'private Guardian Appointment' 'private Financial Manager Appointment']

Source-derived case record

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Guardianship Application and Financial Management Application / Final Hearing and Orders

Legal Issues

  1. 1 ['Whether DZH had a disability that prevented her from being able to make important life decisions.' 'Whether a guardianship order should be made for DZH and what functions and authorities should be included.' "Who should be appointed as DZH's guardian and for how long." 'Whether DZH was not capable of managing her affairs.' "Whether there was a need for another person to manage DZH's affairs and whether a financial management order was in her best interests." "Who should be appointed as DZH's financial manager and whether the order should be reviewable."]

Ratio Decidendi

The Tribunal was satisfied that DZH had moderate vascular dementia causing incapacity to make important life decisions and manage her finances; that decisions about discharge accommodation, health care, medical and dental treatment, services and finances could not practicably be made without orders; that DZH's welfare and interests required a limited guardianship order including authority to implement accommodation decisions and override objections to medical treatment; and that KBH was suitable, willing and able to act as guardian and private financial manager despite tension between her and DZH.

Court Disposition

Guardianship order and financial management order made for DZH; KBH appointed as guardian and financial manager.

Orders

  • ['A guardianship order is made for DZH.' 'KBH of [Address removed for publication.] is appointed as the guardian.' 'This is a continuing guardianship order for a period of 12 months from 21 December 2020.' 'This is a limited guardianship order giving the guardian custody of DZH to the extent necessary to carry out...