PZ v NSW Trustee and Guardian [2011] NSWADT 48

PZ v NSW Trustee and Guardian [2011] NSWADT 48

It is in the best interests of TG, having regard to section 4 of the Guardianship Act 1987, to reside on a permanent basis with his daughter PZ in Bilpin, as he is well cared for, has an established routine, and disruption would be detrimental; this decision is contingent on PZ facilitating regular monthly access for TF and his family as specified.

Jurisdiction
Australia
Judgment Date
10 March 2011
Procedural Posture
Guardianship Review / Merits Review
Outcome
Decision of Public Guardian set aside and substituted
Legal Topics
['accommodation Function' 'access Arrangements' 'decision Review' 'dementia' 'merits Review']
['guardianship' 'administrative Law'] ['accommodation Function' 'access Arrangements' 'decision Review' 'dementia' 'merits Review']

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Procedural Posture

Guardianship Review / Merits Review

Legal Issues

  1. 1 ['Should TG reside permanently with his daughter PZ or his son TF?' "What access arrangements should be implemented for TG's contact with TF and his family?" 'Weight to be given to the wishes of TG given his dementia']

Ratio Decidendi

It is in the best interests of TG, having regard to section 4 of the Guardianship Act 1987, to reside on a permanent basis with his daughter PZ in Bilpin, as he is well cared for, has an established routine, and disruption would be detrimental; this decision is contingent on PZ facilitating regular monthly access for TF and his family as specified.

Court Disposition

Decision of Public Guardian set aside and substituted

Orders

  • ['TG is to reside on a permanent basis with his daughter, PZ, on condition that, unless the Public Guardian agrees otherwise, PZ facilitates access to TG for TF and his family on a monthly basis commencing at 3pm on Friday 25 March 2011.' "At 3pm on Friday 25 March 2011 and at 3pm on the last Friday of each...