QZU [2019] NSWCATGD 29

QZU [2019] NSWCATGD 29

QZU continues to have a disability preventing him from making important life decisions, with ongoing needs for accommodation, health care, and use of restrictive practices. As no private person is available for appointment and formal consent for restrictive practices is required, the Public Guardian is appointed with relevant functions for two years.

Parties
Person Subject to Guardianship Order: QZU; Appointed Guardian: Public Guardian; Carer: NAH; Financial Manager: NSW Trustee and Guardian
Jurisdiction
Australia
Judgment Date
13 December 2019
Procedural Posture
Guardianship Review / End of Term Review
Outcome
Guardianship order renewed; Public Guardian appointed as guardian for two years with specified functions.
Legal Topics
Review of Guardianship Order, Appointment of Guardian, Restrictive Practices, Chemical Restraint, Decision Making Capacity
Guardianship Disability Law Review of Guardianship Order Appointment of Guardian Restrictive Practices Chemical Restraint Decision Making Capacity

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Parties

QZU

Person Subject to Guardianship Order

Public Guardian

Appointed Guardian

NAH

Carer

NSW Trustee and Guardian

Financial Manager

Procedural Posture

Guardianship Review / End of Term Review

Legal Issues

  1. 1 Is QZU someone for whom the Tribunal could make a further guardianship order due to disability?
  2. 2 Should a further guardianship order be made, and what should its terms be?
  3. 3 Who should be appointed as guardian?

Ratio Decidendi

QZU continues to have a disability preventing him from making important life decisions, with ongoing needs for accommodation, health care, and use of restrictive practices. As no private person is available for appointment and formal consent for restrictive practices is required, the Public Guardian is appointed with relevant functions for two years.

Court Disposition

Guardianship order renewed; Public Guardian appointed as guardian for two years with specified functions.

Orders

  • The Public Guardian is appointed as the guardian.
  • This is a continuing guardianship order for a period of two years from 13 December 2019.