QZS [2020] NSWCATGD 41

QZS [2020] NSWCATGD 41

Because QZS had severe dementia and remained unable to make important life decisions, and because health care decisions including possible treatment for macular degeneration, monitoring and treatment of urinary tract infections, and any decisions about life-sustaining treatment required an authorised decision-maker amid ongoing family conflict, a further limited guardianship order was necessary. The Public Guardian was reappointed with a health care function only; accommodation, services and medical and dental consent functions were unnecessary because QZS's children agreed she should remain at the aged care facility and persons responsible were available for ordinary treatment consent.

Jurisdiction
Australia
Judgment Date
07 April 2020
Procedural Posture
Guardianship Division Statutory Review of Guardianship Order / End of Term Review of Guardianship Order Made on 02 April 2019
Outcome
The guardianship order was reviewed, renewed and varied; the Public Guardian was appointed as guardian for two years with a limited health care function.
Legal Topics
['review of Guardianship Order' 'person in Need of a Guardian' 'dementia' 'advanced Care Directive' 'future Treatment Orders' 'person Responsible' 'life Sustaining Treatment' 'public Guardian Appointment' 'family Conflict']
['guardianship' 'health Care Decision Making'] ['review of Guardianship Order' 'person in Need of a Guardian' 'dementia' 'advanced Care Directive' 'future Treatment Orders' 'person Responsible' 'life Sustaining Treatment' 'public Guardian Appointment' 'family Conflict']

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Procedural Posture

Guardianship Division Statutory Review of Guardianship Order / End of Term Review of Guardianship Order Made on 02 April 2019

Legal Issues

  1. 1 ['Whether QZS continued to have a disability preventing her from making important life decisions.' 'Whether a further guardianship order should be made and what functions it should include.' 'Whether the Public Guardian should be reappointed as guardian.' 'How long the renewed guardianship order should last.' 'Whether a purported Future Treatment Orders document signed by relatives was valid.']

Ratio Decidendi

Because QZS had severe dementia and remained unable to make important life decisions, and because health care decisions including possible treatment for macular degeneration, monitoring and treatment of urinary tract infections, and any decisions about life-sustaining treatment required an authorised decision-maker amid ongoing family conflict, a further limited guardianship order was necessary. The Public Guardian was reappointed with a health care function only; accommodation, services and medical and dental consent functions were unnecessary because QZS's children agreed she should remain at the aged care facility and persons responsible were available for ordinary treatment consent.

Court Disposition

The guardianship order was reviewed, renewed and varied; the Public Guardian was appointed as guardian for two years with a limited health care function.

Orders

  • ['The Public Guardian is appointed as the guardian.' 'This is a continuing guardianship order for a period of two years from 7 April 2020.' 'This is a limited guardianship order giving the guardian(s) custody of QZS to the extent necessary to carry out the functions below.' 'The guardian has the following function:...