CXG [2018] NSWCATGD 44

CXG [2018] NSWCATGD 44

Due to CXG's advanced dementia and inability to make lifestyle and medical decisions, and in light of ongoing conflict and lack of objective evaluation by enduring guardian TYU, the Tribunal found appointment of the Public Guardian necessary for CXG's welfare and best interests.

Jurisdiction
Australia
Judgment Date
06 December 2018
Procedural Posture
Guardianship Application / Final Decision
Outcome
Guardianship order made for CXG; Public Guardian appointed as guardian; Application for consent to medical treatment dismissed
Legal Topics
['appointment of Public Guardian' 'enduring Guardianship Appointment' 'consent to Medical and Dental Treatment' 'disability' 'palliative Care' 'conflict Between Treating Team and Enduring Guardian']
['guardianship'] ['appointment of Public Guardian' 'enduring Guardianship Appointment' 'consent to Medical and Dental Treatment' 'disability' 'palliative Care' 'conflict Between Treating Team and Enduring Guardian']

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Procedural Posture

Guardianship Application / Final Decision

Legal Issues

  1. 1 ['Whether CXG is a person in need of a guardian due to disability' 'Whether a guardianship order should be made and for what duration' 'Who should be appointed as guardian' 'Whether the consent to medical treatment application should be dismissed']

Ratio Decidendi

Due to CXG's advanced dementia and inability to make lifestyle and medical decisions, and in light of ongoing conflict and lack of objective evaluation by enduring guardian TYU, the Tribunal found appointment of the Public Guardian necessary for CXG's welfare and best interests.

Court Disposition

Guardianship order made for CXG; Public Guardian appointed as guardian; Application for consent to medical treatment dismissed

Orders

  • ['A guardianship order is made for CXG.' 'The Public Guardian is appointed as the guardian.' 'Continuing guardianship order for a period of 12 months from 6 December 2018.' 'Limited guardianship order giving guardian(s) custody of CXG as necessary to carry out health care and medical/dental consent functions.'...