FJD [2016] NSWCATGD 23

FJD [2016] NSWCATGD 23

Mr FJD continues to have disabilities preventing him from making important life decisions, specifically about accommodation, and there is a current need for a guardian to consent to proposed new accommodation and facilitate conditional release. Renewing the guardianship order with accommodation function for nine months is the least restrictive and most consistent with his welfare and interests.

Jurisdiction
Australia
Judgment Date
29 September 2016
Procedural Posture
Guardianship Review / End of Term Statutory Review
Outcome
order renewed
Legal Topics
['renewal of Guardianship Order' 'accommodation Decisions' 'forensic Patient' 'guardianship Principles' 'conditional Release']
['guardianship Law' 'mental Health Law'] ['renewal of Guardianship Order' 'accommodation Decisions' 'forensic Patient' 'guardianship Principles' 'conditional Release']

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Procedural Posture

Guardianship Review / End of Term Statutory Review

Legal Issues

  1. 1 ['Is Mr FJD a person in need of a guardian under the Guardianship Act 1987 (NSW)?' 'Should a further guardianship order be made for Mr FJD?' 'What functions should the guardian have, who should be the guardian, and for what duration should the order last?']

Ratio Decidendi

Mr FJD continues to have disabilities preventing him from making important life decisions, specifically about accommodation, and there is a current need for a guardian to consent to proposed new accommodation and facilitate conditional release. Renewing the guardianship order with accommodation function for nine months is the least restrictive and most consistent with his welfare and interests.

Court Disposition

order renewed

Orders

  • ['Limited guardianship order granted for a period of nine months.' 'The NSW Public Guardian appointed as guardian with authority to make accommodation decisions for Mr FJD.']