MAQ [2016] NSWCATGD 70

MAQ [2016] NSWCATGD 70

Ms MAQ remains a person in need of a guardian due to her moderate to severe intellectual disability, which restricts her in major life activities and renders her partially incapable of managing her person. The guardianship order should be renewed and varied, with Ms KBL appointed as guardian and additional...

Source-derived case information.

Parties
Subject Person: Ms MAQ; Applicant/guardian: Ms KBL; Respondent: NSW Public Guardian
Jurisdiction
Australia
Judgment Date
02 December 2016
Procedural Posture
Guardianship Order Review / Hearing and Decision
Outcome
Guardianship order renewed and varied. Ms KBL appointed as guardian. Order for two years.
Legal Topics
Renewal and Variation of Guardianship Orders, Appointment of Guardian, Functions of Guardian, Restrictive Practices, Participation of Subject in Hearing
Guardianship Renewal and Variation of Guardianship Orders Appointment of Guardian Functions of Guardian Restrictive Practices Participation of Subject in Hearing

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Parties

Ms MAQ

Subject Person

Ms KBL

Applicant/guardian

NSW Public Guardian

Respondent

Procedural Posture

Guardianship Order Review / Hearing and Decision

Legal Issues

  1. 1 Whether Ms MAQ remains a person in need of a guardian
  2. 2 Whether the guardianship order should be renewed, varied, or lapse
  3. 3 Who should be appointed guardian

Ratio Decidendi

Ms MAQ remains a person in need of a guardian due to her moderate to severe intellectual disability, which restricts her in major life activities and renders her partially incapable of managing her person. The guardianship order should be renewed and varied, with Ms KBL appointed as guardian and additional accommodation function conferred. It is appropriate for a guardian to make decisions about accommodation, health care, medical and dental consent, restrictive practices, and services, with the order limited to two years to allow for earlier review.

Court Disposition

Guardianship order renewed and varied. Ms KBL appointed as guardian. Order for two years.

Orders

  • The guardianship order for Ms MAQ made on 7 December 2011 is renewed and varied.
  • A continuing guardianship order is made for two years from the date of this order.