SDL [2020] NSWCATGD 50

SDL [2020] NSWCATGD 50

SDL satisfies the statutory definition of a person in need of guardianship due to intellectual, psychological, and behavioural disabilities restricting his capacity for major life decisions. Evidence demonstrated a need for formal allocation of authority for accommodation, services, health care, and medical/dental decisions. NAE and LZE are suitable and willing private guardians. A limited guardianship order with separate functions for NAE and LZE, lasting 12 months, is appropriate.

Parties
Person Under Guardianship: SDL; Applicant: QYS; Carer/guardian: NAE; Guardian: LZE; Statutory Party: Public Guardian
Jurisdiction
Australia
Judgment Date
01 July 2020
Procedural Posture
Guardianship Application / Final Determination and Orders
Outcome
Guardianship order made for SDL; NAE and LZE appointed as separate limited function guardians for 12 months.
Legal Topics
Application for Guardianship Order, Disability and Decision Making Capacity, Guardianship Functions, Appointment of Private Guardians, Duration of Guardianship Order
Guardianship Law Application for Guardianship Order Disability and Decision Making Capacity Guardianship Functions Appointment of Private Guardians Duration of Guardianship Order

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Parties

SDL

Person Under Guardianship

QYS

Applicant

NAE

Carer/guardian

LZE

Guardian

Public Guardian

Statutory Party

Procedural Posture

Guardianship Application / Final Determination and Orders

Legal Issues

  1. 1 Whether SDL is a person for whom a guardianship order may be made due to disability
  2. 2 Whether a guardianship order should be made
  3. 3 Who should be appointed as guardian

Ratio Decidendi

SDL satisfies the statutory definition of a person in need of guardianship due to intellectual, psychological, and behavioural disabilities restricting his capacity for major life decisions. Evidence demonstrated a need for formal allocation of authority for accommodation, services, health care, and medical/dental decisions. NAE and LZE are suitable and willing private guardians. A limited guardianship order with separate functions for NAE and LZE, lasting 12 months, is appropriate.

Court Disposition

Guardianship order made for SDL; NAE and LZE appointed as separate limited function guardians for 12 months.

Orders

  • A guardianship order is made for SDL.
  • LZE and NAE are appointed separately as guardians.