WXB [2018] NSWCATGD 39

WXB [2018] NSWCATGD 39

WXB continued to have a disability preventing her from making important life decisions. Given her complex health needs, incapacity to consent to medical or dental treatment, need for services decisions, and the restrictive nature of physical restraint by holding bandannas around her wrists to prevent self-injury, a further limited guardianship order was required. As no private person was available, the Public Guardian was reappointed for three years. Because the Public Guardian was appointed with the medical and dental consent function, SZT's application for medical consent did not need to proceed and was dismissed.

Jurisdiction
Australia
Judgment Date
21 September 2018
Procedural Posture
Statutory Review of Guardianship Order and Application for Consent to Medical or Dental Treatment / Hearing
Outcome
The application for medical consent was dismissed after hearing. The guardianship order for WXB made on 28 September 2015 was reviewed, renewed and varied by appointing the Public Guardian as guardian for three years with specified functions and conditions.
Legal Topics
['review of Guardianship Order' 'appointment of Public Guardian' 'medical and Dental Consent' 'restrictive Practices' 'mechanical Restraint']
['guardianship' 'administrative Law'] ['review of Guardianship Order' 'appointment of Public Guardian' 'medical and Dental Consent' 'restrictive Practices' 'mechanical Restraint']

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Procedural Posture

Statutory Review of Guardianship Order and Application for Consent to Medical or Dental Treatment / Hearing

Legal Issues

  1. 1 ['Whether WXB continued to have a disability which prevented her from being able to make important life decisions.' 'Whether a further guardianship order should be made and what functions should be attached to it.' 'Who should be appointed as guardian.' 'How long the guardianship order should last.' 'Whether the application for consent to medical treatment should proceed.']

Ratio Decidendi

WXB continued to have a disability preventing her from making important life decisions. Given her complex health needs, incapacity to consent to medical or dental treatment, need for services decisions, and the restrictive nature of physical restraint by holding bandannas around her wrists to prevent self-injury, a further limited guardianship order was required. As no private person was available, the Public Guardian was reappointed for three years. Because the Public Guardian was appointed with the medical and dental consent function, SZT's application for medical consent did not need to proceed and was dismissed.

Court Disposition

The application for medical consent was dismissed after hearing. The guardianship order for WXB made on 28 September 2015 was reviewed, renewed and varied by appointing the Public Guardian as guardian for three years with specified functions and conditions.

Orders

  • ['The application for medical consent is dismissed after hearing.' 'The Public Guardian is appointed as the guardian.' 'This is a continuing guardianship order for a period of three years from 21 September 2018.' 'This is a limited guardianship order giving the guardian(s) custody of WXB to the extent necessary to...