ZS and ZT v Public Guardian [2007] NSWADT 57

ZS and ZT v Public Guardian [2007] NSWADT 57

The correct and preferable decision was to affirm the Public Guardian's decision because ZH would most likely wish to remain close to his wife of more than 50 years, the proposed move responded to her increased care needs and wish to live near family, medical reports and safeguards addressed the risks of relocation, and the receiving facility was of the same acute care standard, notwithstanding the reduced practical contact with his children and grandchildren.

Jurisdiction
Australia
Judgment Date
14 March 2007
Procedural Posture
Review of a Decision by the Public Guardian Under S 28 of the Guardianship Act 1987 / Decision on Principal Application
Outcome
Decision under review affirmed.
Legal Topics
['public Guardian' 'protected Person' 'place to Live' 'limited Guardianship Order' 'family Relationships']
['guardianship' 'administrative Review'] ['public Guardian' 'protected Person' 'place to Live' 'limited Guardianship Order' 'family Relationships']

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Procedural Posture

Review of a Decision by the Public Guardian Under S 28 of the Guardianship Act 1987 / Decision on Principal Application

Legal Issues

  1. 1 ["Whether the Public Guardian's decision to relocate ZH from an acute care nursing facility at Burradoo to an acute care nursing facility at Banora Point should be affirmed." "How to weigh ZH's likely wishes, his relationship with his wife, and his children's and grandchildren's ability to visit him." "Whether the proposed relocation would adversely affect ZH's health, care and well-being."]

Ratio Decidendi

The correct and preferable decision was to affirm the Public Guardian's decision because ZH would most likely wish to remain close to his wife of more than 50 years, the proposed move responded to her increased care needs and wish to live near family, medical reports and safeguards addressed the risks of relocation, and the receiving facility was of the same acute care standard, notwithstanding the reduced practical contact with his children and grandchildren.

Court Disposition

Decision under review affirmed.

Orders

  • ['Decision under review affirmed.']