EJD [2015] NSWCATGD 31

EJD [2015] NSWCATGD 31

The guardianship order is unworkable because Ms EJD continues to make her own decisions, and there is no evidence of need for a guardian; therefore, it is appropriate to allow the guardianship order to lapse.

Jurisdiction
Australia
Judgment Date
06 May 2015
Procedural Posture
Guardianship Order Review / End of Term Statutory Review
Outcome
Guardianship order lapsed
Legal Topics
['review of Guardianship Order' 'capacity to Make Life Decisions']
['guardianship Law'] ['review of Guardianship Order' 'capacity to Make Life Decisions']

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Procedural Posture

Guardianship Order Review / End of Term Statutory Review

Legal Issues

  1. 1 ['Does Ms EJD continue to have a disability preventing her from making important life decisions?' 'Should the Tribunal make a further guardianship order or allow the existing order to lapse?']

Ratio Decidendi

The guardianship order is unworkable because Ms EJD continues to make her own decisions, and there is no evidence of need for a guardian; therefore, it is appropriate to allow the guardianship order to lapse.

Court Disposition

Guardianship order lapsed

Orders

  • ['The guardianship order concerning Ms EJD made on 8 May 2014 is allowed to lapse.']