EWD [2018] NSWCATGD 20

EWD [2018] NSWCATGD 20

Although EWD has disabilities limiting his capacity for some important decisions, his strong and active support network (wife, support group, medical professionals) allows for adequate informal decision-making support, rendering a guardianship order unnecessary. Revocation best restricts EWD's freedom and action as little as possible and maintains his family relationships and welfare.

Parties
Subject Person: EWD; Spouse: Mrs KZD; Appointed Guardian: Public Guardian
Jurisdiction
Australia
Judgment Date
05 June 2018
Procedural Posture
Guardianship Review / End of Term Review
Outcome
guardianship order revoked
Legal Topics
Review of Guardianship Order, Disability, Capacity to Make Life Decisions, Decision Making Supports
Guardianship Review of Guardianship Order Disability Capacity to Make Life Decisions Decision Making Supports

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Parties

EWD

Subject Person

Mrs KZD

Spouse

Public Guardian

Appointed Guardian

Procedural Posture

Guardianship Review / End of Term Review

Legal Issues

  1. 1 Is EWD a person in need of a guardian due to disability?
  2. 2 Should a further guardianship order be made or revoked?
  3. 3 Can EWD manage important life decisions with informal supports rather than a guardianship order?

Ratio Decidendi

Although EWD has disabilities limiting his capacity for some important decisions, his strong and active support network (wife, support group, medical professionals) allows for adequate informal decision-making support, rendering a guardianship order unnecessary. Revocation best restricts EWD's freedom and action as little as possible and maintains his family relationships and welfare.

Court Disposition

guardianship order revoked

Orders

  • The guardianship order concerning EWD made on 8 June 2016 is revoked from 5 June 2018.