CYS [2020] NSWCATGD 19

CYS [2020] NSWCATGD 19

CYS continued to have an intellectual disability that made her incapable of managing her person and unable to make important life decisions. The evidence showed ongoing and not merely infrequent needs for health care, medical and dental consent, and services decisions, and informal supports or individual Tribunal applications would not provide the same consistent oversight. Having considered the mandatory matters in s 14(2) and the principles in s 4 of the Guardianship Act 1987 (NSW), the Tribunal renewed the limited guardianship order and appointed the Public Guardian because no private person was available.

Jurisdiction
Australia
Judgment Date
13 March 2020
Procedural Posture
Review of Guardianship Order / Statutory End of Term Review of Guardianship Order
Outcome
Guardianship order renewed and varied; Public Guardian appointed for 12 months with limited functions.
Legal Topics
['review of Guardianship Order' 'end of Term Review' 'person in Need of a Guardian' 'least Restrictive Option' 'health Care Decisions' 'medical and Dental Consent' 'services Decisions' 'appointment of Public Guardian']
['guardianship Law'] ['review of Guardianship Order' 'end of Term Review' 'person in Need of a Guardian' 'least Restrictive Option' 'health Care Decisions' 'medical and Dental Consent' 'services Decisions' 'appointment of Public Guardian']

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Procedural Posture

Review of Guardianship Order / Statutory End of Term Review of Guardianship Order

Legal Issues

  1. 1 ['Whether CYS continues to have a disability which prevents her from being able to make important life decisions.' 'Whether a further guardianship order should be made or the existing order should be allowed to lapse.' 'What functions should be given to the guardian if a further order is made.' 'Who should be appointed as guardian.' 'How long the guardianship order should last.']

Ratio Decidendi

CYS continued to have an intellectual disability that made her incapable of managing her person and unable to make important life decisions. The evidence showed ongoing and not merely infrequent needs for health care, medical and dental consent, and services decisions, and informal supports or individual Tribunal applications would not provide the same consistent oversight. Having considered the mandatory matters in s 14(2) and the principles in s 4 of the Guardianship Act 1987 (NSW), the Tribunal renewed the limited guardianship order and appointed the Public Guardian because no private person was available.

Court Disposition

Guardianship order renewed and varied; Public Guardian appointed for 12 months with limited functions.

Orders

  • ['The Public Guardian is appointed as the guardian.' 'This is a continuing guardianship order for a period of 12 months from 13 March 2020.' 'This is a limited guardianship order giving the guardian custody of CYS to the extent necessary to carry out the functions specified in the order.' 'The guardian has the...