NLM [2020] NSWCATGD 15

NLM [2020] NSWCATGD 15

Given NLM’s severe dementia and clinical evidence, she is incapable of managing her person. A guardianship order is necessary for decision-making regarding her health care and medical/dental consent. No suitable private person is available to act, so the Public Guardian is appointed for a 12-month limited guardianship regarding health decisions only.

Jurisdiction
Australia
Judgment Date
29 January 2020
Procedural Posture
Guardianship Application / Hearing and Determination
Outcome
Guardianship order made for NLM; Public Guardian appointed for 12 months with specified health care and consent functions.
Legal Topics
['appointment of Guardian' 'decision Making Capacity' 'advanced Care Directives' 'health Care Consent' 'guardianship Orders']
['guardianship' 'elder Law'] ['appointment of Guardian' 'decision Making Capacity' 'advanced Care Directives' 'health Care Consent' 'guardianship Orders']

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Procedural Posture

Guardianship Application / Hearing and Determination

Legal Issues

  1. 1 ['Is NLM a person for whom a guardianship order may be made?' 'Should a guardianship order be made for NLM and on what terms?' 'Who should be appointed as guardian?' 'What period should the guardianship order last for?']

Ratio Decidendi

Given NLM’s severe dementia and clinical evidence, she is incapable of managing her person. A guardianship order is necessary for decision-making regarding her health care and medical/dental consent. No suitable private person is available to act, so the Public Guardian is appointed for a 12-month limited guardianship regarding health decisions only.

Court Disposition

Guardianship order made for NLM; Public Guardian appointed for 12 months with specified health care and consent functions.

Orders

  • ['A guardianship order is made for NLM.' 'The Public Guardian is appointed as the guardian.' 'The order is for 12 months from 29 January 2020.' 'Limited guardianship order: guardian given custody as necessary to perform specified functions.' 'Functions: decide what health care NLM may receive; substitute consent for...