HYC [2019] NSWCATGD 28

HYC [2019] NSWCATGD 28

HYC continued to have a disability affecting some important life decisions, so the Tribunal could make a further order. However, her decision-making had improved and she could be supported informally for healthcare, medical and dental treatment, legal services and services. A short further order was needed only for accommodation and access to support her confidence and the transition in those areas. As no private guardian was proposed, the Public Guardian should continue, and the order should run for six months without review on expiry.

Jurisdiction
Australia
Judgment Date
13 December 2019
Procedural Posture
Review of Guardianship Order / Statutory End of Term Review
Outcome
Guardianship order reviewed, renewed and varied as a limited continuing guardianship order for six months, appointing the Public Guardian with access and accommodation functions only, and not reviewable at the end of the period.
Legal Topics
['review of Guardianship Order' 'person in Need of a Guardian' 'decision Making Capacity' 'appointment of Public Guardian' 'limited Guardianship Order' 'access and Accommodation Functions' 'non Reviewable Order']
['guardianship Law' 'administrative Law'] ['review of Guardianship Order' 'person in Need of a Guardian' 'decision Making Capacity' 'appointment of Public Guardian' 'limited Guardianship Order' 'access and Accommodation Functions' 'non Reviewable Order']

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Procedural Posture

Review of Guardianship Order / Statutory End of Term Review

Legal Issues

  1. 1 ['Whether HYC continued to have a disability which prevented her from being able to make important life decisions.' 'Whether a further guardianship order should be made, and if so what order should be made.' 'Who should be appointed as guardian.' 'How long the guardianship order should last.' 'Whether the order should be non-reviewable.']

Ratio Decidendi

HYC continued to have a disability affecting some important life decisions, so the Tribunal could make a further order. However, her decision-making had improved and she could be supported informally for healthcare, medical and dental treatment, legal services and services. A short further order was needed only for accommodation and access to support her confidence and the transition in those areas. As no private guardian was proposed, the Public Guardian should continue, and the order should run for six months without review on expiry.

Court Disposition

Guardianship order reviewed, renewed and varied as a limited continuing guardianship order for six months, appointing the Public Guardian with access and accommodation functions only, and not reviewable at the end of the period.

Orders

  • ['The Public Guardian is appointed as the guardian.' 'This is a continuing guardianship order for a period of six months from 13 December 2019.' 'This order will not be reviewed at the end of the above period.' 'This is a limited guardianship order giving the guardian(s) custody of HYC to the extent necessary to...