BZW [2020] NSWCATGD 38

BZW [2020] NSWCATGD 38

BZW, due to permanent disability (severe dementia), is unable to make important health and personal decisions and to consent to restrictive practices or medical/dental treatment. Conditions warrant a continuing, limited guardianship order appointing HAW as guardian, conferring authority to consent to health care, medical/dental treatment, and restrictive practices subject to defined conditions for three years.

Jurisdiction
Australia
Judgment Date
10 December 2020
Procedural Posture
Guardianship Application / Final Determination
Outcome
Guardianship order made for BZW; HAW appointed as guardian; continuing limited guardianship for three years.
Legal Topics
['appointment of Guardian' 'restrictive Practices' 'physical Restraint' 'chemical Restraint' 'medical/dental Consent' 'health Care' 'conditions of Guardianship Orders']
['guardianship' 'aged Care Law'] ['appointment of Guardian' 'restrictive Practices' 'physical Restraint' 'chemical Restraint' 'medical/dental Consent' 'health Care' 'conditions of Guardianship Orders']

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Procedural Posture

Guardianship Application / Final Determination

Legal Issues

  1. 1 ['whether BZW is a person for whom a guardianship order can be made due to disability' 'whether a guardianship order should be made and under what terms' 'who should be appointed as guardian' 'duration of the guardianship order' 'conditions on authority to consent to restrictive practices' 'need for medical and dental consent decisions']

Ratio Decidendi

BZW, due to permanent disability (severe dementia), is unable to make important health and personal decisions and to consent to restrictive practices or medical/dental treatment. Conditions warrant a continuing, limited guardianship order appointing HAW as guardian, conferring authority to consent to health care, medical/dental treatment, and restrictive practices subject to defined conditions for three years.

Court Disposition

Guardianship order made for BZW; HAW appointed as guardian; continuing limited guardianship for three years.

Orders

  • ['A guardianship order is made for BZW.' 'HAW is appointed as the guardian.' 'Continuing guardianship order for three years from 10 December 2020.' 'Limited guardianship order: guardian has custody as necessary to carry out specified functions.' "Guardian's functions include: deciding health care; making...