SMG [2024] NSWCATGD 9

SMG [2024] NSWCATGD 9

The Tribunal found that due to dementia and related disabilities, SMG is incapable of managing his personal affairs, has no suitable family or support person to act as guardian, and decisions concerning restrictive practices, medical and dental treatment, accommodation, and services must be made on his behalf. Therefore, the discretion to make a guardianship order was exercised, with the Public Guardian appointed and limited functions assigned for 12 months.

Parties
Person the Subject of Proceedings: SMG; Applicant: TZN; Appointed Guardian: Public Guardian
Jurisdiction
Australia
Judgment Date
21 May 2024
Procedural Posture
Guardianship Application / Final Determination
Outcome
Guardianship order made; Public Guardian appointed for 12 months with specified functions.
Legal Topics
Appointment of Guardian, Restrictive Practices, Consent to Medical Treatment, Accommodation Decisions, Health Care Decisions, Incapacity Due to Disability
Guardianship Appointment of Guardian Restrictive Practices Consent to Medical Treatment Accommodation Decisions Health Care Decisions Incapacity Due to Disability

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Parties

SMG

Person the Subject of Proceedings

TZN

Applicant

Public Guardian

Appointed Guardian

Procedural Posture

Guardianship Application / Final Determination

Legal Issues

  1. 1 Whether SMG is a person in need of a guardian under the Guardianship Act 1987 (NSW)
  2. 2 Whether a guardianship order should be made for SMG
  3. 3 What functions and conditions should be attached to the guardianship order

Ratio Decidendi

The Tribunal found that due to dementia and related disabilities, SMG is incapable of managing his personal affairs, has no suitable family or support person to act as guardian, and decisions concerning restrictive practices, medical and dental treatment, accommodation, and services must be made on his behalf. Therefore, the discretion to make a guardianship order was exercised, with the Public Guardian appointed and limited functions assigned for 12 months.

Court Disposition

Guardianship order made; Public Guardian appointed for 12 months with specified functions.

Orders

  • A guardianship order is made for SMG.
  • The Public Guardian is appointed as the guardian.