Recent decisions for Civil and Administrative Tribunal (Guardianship Division)

Catchwords:

GUARDIANSHIP – urgent application for guardianship order – 85-year-old subject person inpatient at hospital – request that Public Guardian be appointed with medical consent function – end of life care decisions – whether appointed enduring guardians are acting in the subject person’s best interests – allegations that enduring guardians have refused the administration of pain relief for subject person – finding that enduring guardians are not able to objectively assess the circumstances and make decisions in the best interests of the subject person – order made appointing NSW Public Guardian – enduring guardian appointments suspended – four week reviewable order

Catchwords:

GUARDIANSHIP – subject person is 84 years old – diagnosis of dementia – subject person is a person for whom the Tribunal could make a guardianship order – difficulty obtaining in-home support services – history of carer stress – need to appoint a substitute decision-maker with a services and health care function – Public Guardian and SZN appointed separately as guardians – order made. FINANCIAL MANAGEMENT – concerns about actual or potential financial abuse – subject person assisted with her financial management – subject person’s finances are managed adequately with informal assistance – no evidence of unwise spending, exploitation or loss – financial management order not necessary – application dismissed.

Catchwords:

REVIEW OF ENDURING GUARDIANSHIP – application for review of enduring guardianship appointment – request to withdraw application – application accepted – resignation of enduring guardians approved GUARDIANSHIP – subject person diagnosed with dementia – person in need of a guardian – requested appointment of public guardian – request denied – suitability of private persons established – private guardian appointed – alternative private guardian appointed – order made REVIEW OF ENDURING POWER OF ATTORNEY – application to review enduring power of attorney– instrument appointing attorney invalid for failure to comply with formal requirements in Powers of Attorney Act – instrument inoperable – whether to make an order under 36 of the Powers of Attorney Act – dismissed FINANCIAL MANAGEMENT – application for financial management order – best interests of subject person that a financial management order be made – private financial managers appointed jointly and severally – orders made

Catchwords:

GUARDIANSHIP – requested review of guardianship order – subject person with an intellectual disability – subject person citizen of another country – holder of a temporary visa – subject person resides at a safe house – not eligible for assistance under the NDIS – reports of trafficking, exploitation and abuse – application to augment the decision-making functions of the public guardian – whether to include consent to forensic testing following alleged sexual assault function – whether to include consent to controls being placed on the subject person’s free access to her environment function – whether use of GPS tracking device constitutes a restrictive practice – whether use of a locked timed medication dispenser constitutes a restrictive practice – broad function of consenting to restrictive practices of a generic nature granted – order varied

Catchwords:

GUARDIANSHIP – 71-year-old subject person diagnosed with dementia – application for review of guardianship appointment – whether guardianship order should be varied to include a restrictive practice function – whether the use of Risperidone for the management of the behavioural and psychological symptoms of dementia constitutes a restrictive practice –whether the behavioural and psychological symptoms of dementia is a diagnosed mental disorder WORDS AND PHRASES – behavioural and psychological symptoms of dementia – BPSD FINANCIAL MANAGEMENT – application for financial management order – allegations of conflict of interest of proposed private financial manager – best interests served by appointment of NSW Trustee – NSW Trustee appointed – order made

Catchwords:

GUARDIANSHIP – subject person is 56-years-old and lives in supported independent living accommodation – review of guardianship order – subject person has Bipolar Affective Disorder and multiple sclerosis – subject person is a person for whom the Tribunal could make another guardianship order – variable mental health status resulting in variability in capacity to make decisions – need to appoint a substitute decision-maker – Public Guardian appointed – order made. SPECIAL MEDICAL CONSENT – proposed treatment is a trial for medicinal cannabis – whether cannabis-based medication is special medical treatment under the Guardianship Act 1987 (NSW) – whether the proposed treatment is characterised as experimental treatment – the proposed treatment has the support of a substantial number of practitioners in pain relief – proposed treatment is not special medical treatment for the purposes of the Act – consent not required – application dismissed.

Catchwords:

GUARDIANSHIP – 54-year-old subject person with acquired brain injuries – subject to guardianship and financial management orders since 2013 – forensic sample request made by NSW Police - request for review of guardianship orders – subject person remains a person for whom a guardianship order could be made – confirmation of functions included in previous order – whether subject person is an ‘incapable person’ for the purposes of s 75G of the Crimes (Forensic Procedures) Act 2000 (NSW) – professional assessment may be necessary – order varied to include a legal function relating to forensic sample request – restrictive practices – order varied to include a restrictive practices function – not satisfied that installation of monitoring equipment constitutes a restrictive practice – monitoring equipment is an invasion of privacy – order varied to authorise determination of whether monitoring equipment should be used – Public Guardian reappointed – order made.

Catchwords:

GUARDIANSHIP – 87-year-old subject person in hospital awaiting discharge – subject person assessed to be a hoarder – application for a guardianship order – consideration of adjournment – subject person opposed to the making of a guardianship order – consideration of whether separated partner constituted a spouse for the purposes of s 14(2)(a)(ii) of the Guardianship Act 1987 (NSW) – whether relationship is close and continuing – concern that subject person will resist accommodation decisions made upon discharge from hospital – authorise others function granted – private guardian appointed – order made FINANCIAL MANAGEMENT – application for a financial management order – whether subject person is capable of managing their own affairs – allegations of financial exploitation and vulnerability – subject person unable to manage his own finances – private manager appointed – order made

Catchwords:

REVIEW OF AN ENDURING POWER OF ATTORNEY – application to review an enduring power of attorney – request for revocation – allegations of financial exploitation – whether subject person had capacity to appoint an enduring power of attorney – whether the tribunal should make orders under s 36 of the Powers of Attorney Act – subject person incapable of managing their own affairs – application for review of enduring power of attorney treated as an application for a financial management order – suitability of private manager – private financial manager appointed – enduring power of attorney suspended – order made REVIEW OF ENDURING GUARDIANSHIP – subject person in aged care accommodation – enduring guardian not present at hearing – consideration of adjournment – adjournment refused – finding that appointed guardian not suitable – decision to treat application to review an enduring guardianship appointment as an application for a guardianship order – whether subject person is a person in need of a guardian – private person suitable to be appointed – order made

Catchwords:

GUARDIANSHIP – application to NCAT under s 175 of the Children and Young Person (Care and Protection) Act 1998 (NSW) in respect of transgender child – whether gender affirming hormone therapy constitutes “special medical treatment” – whether gender affirming hormone therapy treatment is reasonably likely to render child permanently infertile – whether the Tribunal is limited to considering the effect of proposed treatment on the child’s fertility up to age 16 GUARDIANSHIP – discretion to consent to special medical treatment (gender affirming hormone therapy) under s 175(3) of the Children and Young Person (Care and Protection) Act 1998 (NSW) – whether necessary to carry out gender affirming hormone therapy in order to save the child's life or to prevent serious damage to the child's psychological or physical health – gender affirming hormone therapy not necessary in order to save the child's life or to prevent serious damage to the child's psychological or physical health – Tribunal cannot give consent to gender affirming hormone therapy WORDS AND PHRASES – “reasonably likely” – Children and Young Persons (Care and Protection) Act 1998 (NSW), s 175(5)

Catchwords:

GUARDIANSHIP –– application to NCAT under s 175 of the Children and Young Person (Care and Protection) Act 1998 (NSW) in respect of transgender child – whether gender affirming hormone therapy constitutes “special medical treatment” – whether gender affirming hormone therapy treatment is reasonably likely to render child permanently infertile – finding that gender affirming hormone therapy treatment is not reasonably likely to render child permanently infertile and therefore does not constitute special medical treatment – application dismissed WORDS AND PHRASES — “reasonably likely” — Children and Young Persons (Care and Protection) Act 1998 (NSW), s 175(5)

Catchwords:

GUARDIANSHIP – application to NCAT under s 175 of the Children and Young Person (Care and Protection) Act 1998 (NSW) in respect of transgender child – whether gender affirming hormone therapy constitutes “special medical treatment” – whether gender affirming hormone therapy treatment is reasonably likely to render child permanently infertile – whether the Tribunal is limited to considering the effect of proposed treatment on the child’s fertility up to age 16 – whether Gender Dysphoria is a life-threatening condition – whether proposed treatment is intended to remediate a life-threating condition GUARDIANSHIP – discretion to consent to special medical treatment (gender affirming hormone therapy) under s 175(3) of the Children and Young Person (Care and Protection) Act 1998 (NSW) – whether necessary to carry out gender affirming hormone therapy in order to save the child's life or to prevent serious damage to the child's psychological or physical health – factors relevant to exercise of discretion to grant consent to the gender affirming hormone therapy treatment – consent granted WORDS AND PHRASES – “reasonably likely” – Children and Young Persons (Care and Protection) Act 1998 (NSW), s 175(5)

Catchwords:

CONSENT TO MEDICAL TREATMENT – application for consent to special medical treatment – termination of pregnancy – patient with schizophrenia with a mood component and recurrent drug-induced psychosis – involuntary patient detained under the Mental Health Act 2007 (NSW) – application of Part 5 of the Guardianship Act 1987 (NSW) – whether the patient is incapable of giving consent – whether the patient is incapable of understanding the general nature and effect of the proposed treatment – presumption of capacity not rebutted – application dismissed

Catchwords:

GUARDIANSHIP – application for a guardianship order – whether a guardianship order should be made – subject person with an intellectual disability – subject person is a citizen of another country – holder of a temporary visa – subject person resides at a safe house – reports of trafficking, exploitation and abuse – no access to support services – need for decisions to be made about the subject person’s safe return to Cambodia – visa, travel and passport functions – no private person suitable to be appointed – Public Guardian appointed – order made FINANCIAL MANAGEMENT – application for a financial management order – subject person with an intellectual disability – incapable of managing financial affairs – best interests are served by the appointment of a financial manager – no private financial manager proposed - NSW Trustee and Guardian appointed – order made

Catchwords:

REVIEW OF AN ENDURING POWER OF ATTORNEY – consideration of the Tribunal’s jurisdiction under the Powers of Attorney Act 2003 (NSW) – finding that the instrument is not an enduring power of attorney – the Tribunal has no jurisdiction to review a general power of attorney – application dismissed FINANCIAL MANAGEMENT – application for a financial management order – subject person diagnosed with dementia – subject person in respite care – subject person incapable of managing their own affairs – power of attorney no longer operable – need for another person to manage subject person’s affairs – private managers suitable to be appointed – private managers appointed on a joint and several basis – order made

Catchwords:

REVIEW OF ENDURING GUARDIANSHIP – request to add restrictive practices function – principal with severe Alzheimer’s dementia – principal resides in an aged care facility – consent requirements for the use of a restrictive practice – Quality of Care Principles 2014 (Cth) – whether the enduring guardianship instrument should be varied to include a restrictive practices function – finding that the enduring guardian and substitute enduring guardian are suitable people to exercise a restrictive practices function – enduring guardianship instrument varied – order made

Catchwords:

GUARDIANSHIP – application for a guardianship order – whether a guardianship order should be made – 17-year-old subject person under the care of the Minister – subject person has an intellectual disability – subject person resides in a group home – need for decisions to be made in relation to accommodation, health care, services, and consent to medical and dental treatment – no private person available to be appointed – Public Guardian appointed – order made – order to take effect when the subject person turns 18 – order to be reviewed in 6 months FINANCIAL MANAGEMENT – application for a financial management order – whether subject person is incapable of managing their own affairs – subject person is unable to manage his finances – financial management order made – no private person available to be appointed – NSW Trustee and Guardian appointed – order to take effect when the subject person turns 18 – order to be reviewed in 6 months PROCEDURE – procedural fairness – parties to proceedings – consideration of ss 3D(2) and 3F(5) of the Guardianship Act 1987 (NSW) – whether the subject person’s sister is a carer – whether the hearing should be adjourned to make enquiries – real, material and imminent risk of harm to the subject person if the hearing is adjourned – Tribunal decided that the hearing should proceed

Catchwords:

GUARDIANSHIP – application for a guardianship order – whether a guardianship order should be made – subject person diagnosed with schizophrenia and Korsakoff’s dementia – subject person lives in an aged care facility – consent requirements for the use of a restrictive practice – Aged Care Act 1997 (Cth) – need for decisions to be made in relation to accommodation, services, health care and consent to medical and dental treatment – need for a restrictive practice function – no private person suitable to be appointed – Public Guardian appointed – order made

Catchwords:

CONSENT TO MEDICAL TREATMENT – application for consent to special medical treatment – hysterectomy – proposed treatment is special medical treatment – whether treatment is necessary to save patient’s life or prevent serious damage to health – patient has complex medical conditions – risk to life if treatment not provided – patient not able to provide informed consent due to intellectual disability – no alternative treatments without significant side effects – proposed treatment is necessary to prevent serious damage to patient’s health – treatment complies with National Health and Medical Research Council guidelines – consent given – effective for 12 months from date of order

Catchwords:

REVIEW OF AN ENDURING POWER OF ATTORNEY – application to review the making and operation and effect of an enduring power of attorney – principal is now deceased – allegations of financial exploitation by the attorneys – death of the principal terminates an enduring power of attorney – no practical utility in conducting a review of the making of an enduring power of attorney which has terminated – whether the Tribunal should make orders under s 36(4) of the Powers of Attorney Act 2003 – consideration of whether an order would better reflect the wishes of the principal prior to their death – Tribunal has no jurisdiction to order reimbursement to an estate – decision not to review the making or the operation and effect of the enduring power of attorney – no order made – application dismissed

Catchwords:

GUARDIANSHIP – end-of-term and requested reviews of guardianship order – whether a further guardianship order should be made – 19-year-old man with autism spectrum disorder – finding that the subject person is able to make own important life decisions with informal support – subject person is no longer a person for whom the Tribunal could make a guardianship order – order allowed to lapse FINANCIAL MANAGEMENT – requested review of financial management order – whether it is in the best interests of the subject person that the financial management order be revoked – substantial improvement in management of own financial affairs – order revoked

Catchwords:

COSTS – application for costs in Guardianship Division proceedings – discretion to dispense with a hearing – s 60 of the Civil and Administrative Tribunal Act 2013 (NSW) – whether there are “special circumstances” to warrant a costs order – where applications lacked substance and were unsupported by medical evidence – applications withdrawn the day before the hearing – finding that the proceedings were unreasonably prolonged in a way that disadvantaged the subject person – exercise of discretion to make a costs order in favour of the subject person – order made

Catchwords:

FINANCIAL MANAGEMENT – application for a financial management order – 93-year-old subject person diagnosed with Alzheimer’s Dementia – subject person owns substantial assets – subject person incapable of managing their own affairs – existing enduring power of attorney operating in subject person’s best interests – no need to appoint a financial manager – no order made – application dismissed

Catchwords:

GUARDIANSHIP – requested review of a guardianship order – subject person diagnosed with schizophrenia – NDIS participant – allegations of misuse of NDIS funds by the subject person’s family – allegations of fraud by NDIS provider – concerns that the subject person has been exploited for financial gain – continued need for a guardianship order – need for accommodation decisions with authority for others to bring accommodation decisions into effect – need for access, services, and legal services decisions – need for travel and passport decisions – no private person suitable to be appointed – Public Guardian appointed – order to be reviewed in five months

Catchwords:

REVIEW OF AN ENDURING POWER OF ATTORNEY – review of the operation and effect of an enduring power of attorney – whether an order under s 36 of the Powers of Attorney Act should be made – where enduring power of attorney not operating in the principal’s best interests – decision to treat application to review an enduring power of attorney as an application for a financial management order – principal incapable of managing own financial affairs – suitability of proposed private manager – private financial manager appointed – order made REVIEW OF ENDURING GUARDIANSHIP – principal resides in an aged care facility – principal diagnosed with dementia – finding that the enduring guardian is making decisions in the principal’s best interests – no evidence that the enduring guardian is preventing access to the principal – decision not to carry out a review of the enduring guardianship appointment – no order made – application dismissed

Catchwords:

GUARDIANSHIP – application for a guardianship order – subject person with dysarthria and a cognitive impairment as a result of a traumatic brain injury – subject person resides in an aged care facility – consent requirements for the use of a restrictive practice – Quality of Care Principles 2014 (Cth) – mechanical restraint – bed rails used to control behaviour – need for a guardianship order with a restrictive practices function – private guardian appointed – order made

Catchwords:

GUARDIANSHIP – application for a guardianship order – where the Tribunal decided to conduct own motion review of an appointment of enduring guardianship – decision not to make a guardianship order – application dismissed REVIEW OF ENDURING GUARDIANSHIP – own motion review – principal resides in an aged care facility – consent requirements for the use of a restrictive practice – environmental restraint – Quality of Care Principles 2014 (Cth) – whether the enduring guardianship appointment should be varied to include a restrictive practices function – appointment of enduring guardian varied – order made

Catchwords:

GUARDIANSHIP – application for guardianship and financial management orders – whether the Tribunal has jurisdiction to make orders where the subject person is now a permanent resident of another state – extraterritorial application of Guardianship Act 1987 (NSW) – rebuttable presumption – no jurisdiction to make orders – applications dismissed REVIEW OF AN ENDURING POWER OF ATTORNEY – application to review the operation and effect of an enduring power of attorney – allegations of mismanagement of the principal’s finances by the attorney – no evidence that the attorney is not acting in the principal’s interests – no evidence of breach of fiduciary obligations by attorney – decision not to carry out a review of the operation and effect of the enduring power of attorney INTERLOCUTORY – application for an adjournment – procedural fairness – guiding principle in s 36 of the Civil and Administrative Tribunal Act 2013 (NSW) – adjournment not in the subject person’s welfare and interests – adjournment request refused

Catchwords:

PRACTICE AND PROCEDURE – application for non-disclosure orders in respect of financial documents – whether desirable to make orders under Civil and Administrative Tribunal Act 2013 (NSW), s 64 – consideration of the views of the subject person – order made

Catchwords:

GUARDIANSHIP – application for a guardianship order – whether a guardianship order should be made – subject person diagnosed with dementia – existing appointment of enduring guardianship not working in the subject person’s best interests – need for a guardian to make decisions about accommodation, services, health care, and consent to medical and dental treatment – proposed guardians not suitable to be appointed – Public Guardian appointed – order made FINANCIAL MANAGEMENT – application for a financial management order – subject person incapable of managing their own affairs – existing appointment of enduring attorney – attorney obtained financial benefit with no authority – need for the appointment of an independent financial manager – NSW Trustee and Guardian appointed – order made

Catchwords:

GUARDIANSHIP – application for a guardianship order – urgent application – subject person an in-patient at a public hospital – subject person experiencing a state of catatonia – need for decisions to be made in relation to a sexual assault assessment and the release of any sexual assault investigation kit – need for decisions to be made in relation to health care and consent to medical treatment – no private person available – Public Guardian appointed – order made

Catchwords:

PRACTICE AND PROCEDURE – power to correct obvious errors in decisions – s 63 of the Civil and Administrative Tribunal Act 2013 (NSW) – NCAT’s power to correct an order made by NSW Guardianship Tribunal, one of NCAT’s predecessor Tribunals – transitional provisions – an order made by the Guardianship Tribunal is taken to be an order made by NCAT – exercise of discretion to correct spelling of the subject person’s name – order made

Catchwords:

GUARDIANSHIP – application for a guardianship order – whether subject person is a person in need of a guardian – subject person is of advanced age – cognitive impairment – subject person lives in a commune – subject person has strong ties with family members in Germany – subject person’s neighbours and friends are able to provide support – subject person not found to be a person in need of a guardian – application dismissed FINANCIAL MANAGEMENT – application for a financial management order – whether subject person is incapable of managing their affairs – subject person not capable of managing her day-to-day finances – need for another person to manage subject person’s affairs – subject person supports the appointment of her long-standing friends – private managers suitable to be appointed – private managers jointly appointed – order made

Catchwords:

GUARDIANSHIP – end-of-term review of a guardianship order – whether a further guardianship order should be made – 45-year-old Aboriginal man – subject person with brain injury and mild intellectual disability – subject person a participant in the National Disability Insurance Scheme (NDIS) – need for decisions to be made in relation to accommodation, health care, medical and dental consent, and services – preservation of the subject person’s cultural environment weighs in favour of the making of a guardianship order – Public Guardian appointed – order made

Catchwords:

CONSENT TO MEDICAL TREATMENT – application for consent to special medical treatment – 17-year-old woman with mild intellectual disability and autism – termination of pregnancy – application of Part 5 of the Guardianship Act 1987 (NSW) – whether the patient is incapable of giving consent – whether the patient is incapable of understanding the general nature and effect of the proposed treatment – presumption of capacity not rebutted – application dismissed GUARDIANSHIP – requested review of guardianship order – request to add function to override the subject person’s objection to major and minor medical treatment – subject person has an extreme needle phobia – need for consent for the use of a needle to administer anaesthetic treatment if required – order varied

Catchwords:

CONSENT TO MEDICAL TREATMENT – application for consent to special medical treatment – 18-year-old woman with Fragile X syndrome – termination of pregnancy – application of Part 5 of the Guardianship Act 1987 (NSW) – whether the patient is incapable of giving consent – whether the patient is incapable of understanding the general nature and effect of the proposed treatment – presumption of capacity not rebutted – application dismissed

Catchwords:

GUARDIANSHIP – application for a guardianship order – whether a guardianship order should be made – subject person with an intellectual disability – subject person wishes to return to work with a disability service employer – need for application to be made to join the NDIS – need for decisions to be made in relation to accommodation, health care, and services – no private person available to be appointed – Public Guardian appointed – order made FINANCIAL MANAGEMENT – review of reviewable financial management order – subject person not capable of managing their own affairs – subject person a victim of financial fraud and exploitation – significant depletion of estate after financial management order was made appointing the NSW Trustee and Guardian – need for urgent investigations into alleged misappropriation of funds – no private person available to be appointed – NSW Trustee and Guardian reappointed – order made

Catchwords:

REVIEW OF ENDURING GUARDIANSHIP – request to add a restrictive practices function – chemical restraint – principal is of advanced age – principal diagnosed with advanced dementia – principal resides in an aged care facility – consent requirements for the use of a restrictive practice – Quality of Care Principles 2014 (Cth) – whether the enduring guardianship instrument should be varied to include a restrictive practices function – finding that the appointed enduring guardians are suitable people to exercise a restrictive practices function – enduring guardianship instrument varied – order made

Catchwords:

GUARDIANSHIP – application to vary a guardianship order – restrictive practices – subject person is a participant in the NDIS – proposed use of mechanical restraint – use of a seatbelt buckle cover when travelling in a motor vehicle – National Disability Insurance Scheme (Restrictive Practices and Behaviour Support) Rules 2018 – finding that the proposed use of the mechanical restraint is for the primary purpose of influencing the subject person’s behaviour – need for mechanical restraint to be added to restrictive practices function – order varied

Catchwords:

GUARDIANSHIP – application for a guardianship order – whether subject person is a person in need of a guardian – subject person with paranoid personality and ideas – refusal to comply with recommended treatment of leg ulcers – whether subject person has a disability – interpretation of s 3(2) of the Guardianship Act 1987 – meaning of the words ‘otherwise disabled’ – finding that the subject person has a disability – need for medical and dental consent decisions – need for accommodation, healthcare and services decisions – authority to override objections to medical treatment – no private person available to be appointed – Public Guardian appointed – order made

Catchwords:

GUARDIANSHIP – application for a guardianship order – whether a guardianship order should be made – restrictive practices function – subject person diagnosed with severe autism spectrum disorder, epilepsy and intellectual disability – subject person is a participant in the NDIS – National Disability Insurance Scheme (Restrictive Practices and Behaviour Support) Rules 2018 – whether the use of a seatbelt buckle guard is a form of mechanical restraint – safety device – not for purpose of influencing the subject person’s behaviour – no need for restrictive practices function – subject person with informal supports – no decisions that need to be made by a guardian – no order made - application dismissed

Catchwords:

CONSENT TO MEDICAL TREATMENT – application for consent to special medical treatment – total laparoscopic hysterectomy and if necessary abdominal hysterectomy under general anaesthetic –20-year-old woman with Rett syndrome – patient not able to understand the effects of the treatment – patient not able to provide informed consent – procedure will result in permanent infertility – whether treatment is the most appropriate form to promote health and well-being – whether proposed treatment is necessary to save patient’s life or prevent serious damage to health – consent given

Catchwords:

GUARDIANSHIP – application for a guardianship order – whether a guardianship order should be made – 18-year-old subject person – NDIS participant – subject person previously under the care of the Minister for Communities and Justice until she turned 18 – subject person lives with former foster parents – history of coercion and exploitation by employer – need for decisions to be made about legal services to bring victims of crime compensation claim – need for decisions to be made about accommodation, health care, medical and dental consent, and services – need for decisions to be made in relation to passport and travel – private person suitable to be appointed – order made FINANCIAL MANAGEMENT – application for a financial management order – whether subject person is incapable of managing their own affairs – loss of significant sums of money – vulnerability to exploitation and financial harm – need for a financial manager to retrieve assets and protect the subject person from future exploitation – private person suitable to be appointed – private financial manager appointed – order made

Catchwords:

GUARDIANSHIP – application for a guardianship order – whether a guardianship order should be made – 52-year-old subject person with intellectual and physical disabilities – subject person a long-term resident in an aged care facility – NDIS participant – limited contact with family members – concerns about high level of neglect – reported use of psychotropic medication by the aged care facility without informed consent – need for accommodation decisions – need for decisions to be made about NDIS funded services – need for decisions in relation to medical and dental consent – proposed private guardian not suitable to be appointed – Public Guardian appointed – order made FINANCIAL MANAGEMENT – application for a financial management order – consideration of sections 36 and 38 of the Civil and Administrative Tribunal Act 2013 – consideration of s 4 of the Guardianship Act 1987 – hearing adjourned

Catchwords:

FINANCIAL MANAGEMENT – application for a financial management order – whether subject person is incapable of managing their own affairs – 18-year-old subject person – beneficiary of late father’s estate – significant sum spent by the subject person – history of unstable mental health, impulsive decision-making and vulnerability to suggestion – risk of exploitation and wastage of funds – subject person in favour of financial management order being made – no private person available to be appointed – NSW Trustee and Guardian appointed – reviewable financial management order made – decision to exclude employment income and Centrelink payment from the financial management order – order to be reviewed in two years

Catchwords:

GUARDIANSHIP – requested review of a guardianship order – whether guardianship order should be varied – 18-year-old subject person – subject person an in-patient in a public hospital – subject person reportedly suffering from severe, chronic and life-threatening malnutrition and severe neglect – NDIS participant – subject person previously under the care of the Minister for Communities and Justice until she turned 18 – need for function to authorise others to give effect to accommodation decisions – need for restrictive practices function – environmental restraint – order varied FINANCIAL MANAGEMENT – application for a financial management order – whether subject person is incapable of managing their own affairs – subject person has limited experience in managing financial matters – subject person is vulnerable to influence – subject person has a high level of dependence on her mother – need for an independent financial manager – NSW Trustee and Guardian appointed

Catchwords:

FINANCIAL MANAGEMENT – review of reviewable financial management order – whether financial management order should be revoked – part of the subject person’s estate is excluded from the financial management order – effect of s 25E(2) of the Guardianship Act 1987 – where the subject person purchased property while under a financial management order – where the NSW Trustee and Guardian is managing the subject person’s compensation payment – where access to the compensation payment is needed to pay off the mortgage – finding that it is in the best interests of the subject person for the financial management order to be revoked – order revoked

Catchwords:

JURISDICTION – where the subject person is under the care of the NSW Minister for Families, Communities and Disability Services – whether jurisdiction affected by orders made by the Children’s Court – care orders in effect until the subject person turns 18 – finding that the jurisdiction of the Tribunal is not affected GUARDIANSHIP – application for a guardianship order – whether a guardianship order should be made, and what order should be made – 17-year-old subject person with severe autism spectrum disorder – subject person in out-of-home care – finding that the subject person is partially incapable of managing his person – need for decisions to be made in relation to accommodation, health care, medical and dental consents, services and access – high level of family conflict – proposed guardians not suitable to be appointed – Public Guardian appointed – order made – order to take effect when the subject person turns 18 – s 61 of the Civil and Administrative Tribunal Act – order to be reviewed in 12 months FINANCIAL MANAGEMENT – application for a financial management order – whether subject person is incapable of managing their own affairs – complex funding needs after the subject person turns 18 – subject person in need of support to manage his financial affairs – order made – order to take effect when the subject person turns 18 – proposed financial managers not suitable to be appointed – NSW Trustee and Guardian appointed – order to be reviewed in two years

Catchwords:

INTERLOCUTORY – summons – application to issue summonses to produce documents – power of the registrar to issue summonses – relevance of the material sought to the review of an enduring power of attorney and review of an enduring guardianship appointment – considerations of privacy and welfare and interests of the person – decision to approve the issue of summonses with amended schedules

Catchwords:

GUARDIANSHIP – application for a guardianship order – whether a guardianship order should be made – 37-year-old aboriginal man – subject person with a cognitive impairment and brain injury as a result of a motor vehicle accident– subject person requires 24-hour care – participant in the iCare-Lifetime Care and Support Scheme – accommodation arranged by the NSW Trustee and Guardian not suitable – need for decisions to be made about long-term accommodation – need for advocacy and legal services decisions – need for decisions to be made in relation to health care, services, and medical and dental consent – private guardian appointed – order made FINANCIAL MANAGEMENT – requested review of financial management order – application made on the basis that the current financial management order is unworkable – lack of collaboration by the NSW Trustee and Guardian – cultural insensitivity – whether appointment of the NSW Trustee and Guardian should be revoked – finding that the appointment cannot be revoked as there is no private manager nominated – appointment of NSW Trustee and Guardian confirmed – order made

Catchwords:

GUARDIANSHIP – end-of-term review of guardianship order – whether a further guardianship order should be made – subject person with an intellectual disability – subject person is a participant in the NDIS – subject person at risk of homelessness – need for decisions to be made about accommodation with power to authorise others – need for decisions to be made in relation to health care, services, and legal services – Public Guardian reappointed – six-month reviewable order made FINANCIAL MANAGEMENT – application for a financial management order – whether subject person is incapable of managing their affairs – subject person is dependent on others to manage his financial affairs – need for management of NDIS care package – subject person vulnerable to the risk of financial exploitation – no private person able to be appointed – NSW Trustee and Guardian appointed – six-month reviewable order made PROCEDURE – rejection of adjournment request – legal representative received instructions the day before the hearing – notice was provided to the subject person and service providers involved in his care – subject person unable to be located – decision to proceed with hearing in the absence of all parties other than the Public Guardian – in the subject person’s best interests for the hearing to proceed without further delay

Catchwords:

REVIEW OF AN ENDURING POWER OF ATTORNEY – review of the operation and effect of an enduring power of attorney – whether an order under s 36 of the Powers of Attorney Act should be made – principal’s partner seeks the removal of one of the appointed attorneys – principal expressed clear wishes for all appointed attorneys to continue making decisions on her behalf – no evidence of mismanagement of the principal’s funds – no evidence that appointed attorneys are not acting in the principal’s best interests – decision not to carry out a review of the enduring power of attorney – no order made – application dismissed REVIEW OF ENDURING GUARDIANSHIP – application to review an enduring guardianship appointment – principal diagnosed with early onset dementia – principal’s partner seeks revocation of the enduring guardianship appointment – decision to treat the application as an application for a guardianship order – whether a guardianship order should be made – whether the Tribunal should include a special condition in a guardianship order requiring the principal’s partner to be included in discussions about the principal’s welfare – no decisions to be made which cannot be made under existing appointment – finding that the principal’s partner is not suitable to be appointed as guardian – undue conflict of interest – not in the principal’s best interests that a guardianship order be made – appointment of enduring guardians confirmed – no orders made

Catchwords:

COSTS – application for costs in Guardianship Division proceedings – ancillary decision – discretion to dispense with a hearing – s 60 of the Civil and Administrative Tribunal Act 2013 (NSW) – whether there are “special circumstances” to warrant a costs order – protective jurisdiction – no special circumstances – application dismissed

Catchwords:

GUARDIANSHIP – end-of-term review of a guardianship order – use of restrictive practices in aged care – environmental restraint – legislative amendments to the Quality of Care Principles 2014 (Cth) – section 5B of the Quality of Care Amendment (Restrictive Practices) Principles 2022 – meaning of restrictive practices substitute decision maker – effect of the legislative amendments in NSW – informed consent required for use of restraint – ongoing need for a guardian to consent to use of restraint – no private guardian available to be appointed – Public Guardian appointed – order made

Catchwords:

GUARDIANSHIP – application for a guardianship order – whether a guardianship order should be made – subject person with intellectual disability – subject person resides with spouse – evidence of coercive control in the relationship – decisions not currently made in the subject person’s best interests – need for decisions to be made about access, health care, medical and dental consent, and services – accommodation function with power to authorise others – no private person suitable to be appointed – Public Guardian appointed – six week reviewable order made

Catchwords:

INTERLOCUTORY – summons – application to refuse access to material provided under summons to other parties – whether legitimate forensic purpose or impermissible fishing expedition – relevance to whether financial management order should be made – legitimate forensic purpose established – decision to refuse application – decision to grant access to all parties

Catchwords:

REVIEW OF AN ENDURING POWER OF ATTORNEY – application to review the making and operation and effect of an enduring power of attorney – principal deceased at the time of application – whether Tribunal should make orders under s 36(4) of the Powers of Attorney Act 2003 – decision to conduct a review of the enduring power of attorney – consideration of whether an order would better reflect the wishes of the principal prior to their death – no order made – application dismissed

Catchwords:

REVIEW OF ENDURING POWER OF ATTORNEY – application to review the making and operation and effect of enduring powers of attorney – principal deceased at the time of hearing – whether the Tribunal should make orders under s 36(4)(e) of the Powers of Attorney Act 2003 – Tribunal exercises discretion not to conduct a review of the enduring powers of attorney – no utility in making an order under the Powers of Attorney Act – no order made – application dismissed

Catchwords:

REVIEW OF AN ENDURING POWER OF ATTORNEY – application to review the operation and effect of an enduring power of attorney – principal deceased at the time of application – whether Tribunal has power to review – whether Tribunal should order accounts – Tribunal exercises discretion not to conduct a review of the enduring power of attorney – no order made – application dismissed INTERLOCUTORY – standing – whether the applicant has standing to bring the application – applicant is an “interested person” – standing established COSTS – s 60 of the Civil and Administrative Tribunal Act 2013 (NSW) – whether there are “special circumstances” to warrant a costs order – proceedings reasonably commenced – standing to bring application – no special circumstances – application dismissed

Catchwords:

GUARDIANSHIP – application for a guardianship order – after hours hearing – urgent hearing requested as subject person seeking to leave hospital against medical advice – hearing with limited or no notice to the parties – hearing proceeding in the absence of the subject person – risk outweighed lack of notice – subject person refusing treatment due to delusional beliefs – need for medical treatment decisions to be made with authority to override objections – Public Guardian appointed – four week reviewable guardianship order made.

Catchwords:

GUARDIANSHIP – application for a guardianship order – after hours hearing – subject person an in-patient at a public hospital – drug-related admission – veteran with post-traumatic stress disorder – urgent hearing requested as subject person at risk of absconding – subject person with impaired decision-making capacity – need for medical and dental consent decisions – need for healthcare decisions – need for others to bring accommodation decisions into effect – restrictive practices decisions – chemical restraint – suitability of proposed guardian – private guardian appointed – order made.

Catchwords:

GUARDIANSHIP – application for a guardianship order – after hours hearing – urgent hearing requested as subject person seeking to leave hospital against medical advice – subject person suffered a traumatic brain injury with severe brain bleeding – severe cognitive impairment – need for consent to medical treatment with authority to override objections – need for accommodation decisions with authority for others to bring accommodation decisions into effect – need for health care and services decisions – no private guardian available – Public Guardian appointed – six week reviewable order made.

Catchwords:

GUARDIANSHIP – application for a guardianship order – after hours hearing – urgent hearing requested as subject person at risk of absconding from a public hospital – hearing with no notice to the parties – hearing proceeding in the absence of the subject person – risk outweighed lack of notice – subject person diagnosed with Wernicke’s encephalopathy and Korsakoff’s dementia – need for medical treatment decisions to be made with authority to override objections – need for health care and services decisions – need for accommodation decisions with authority for others to bring accommodation decisions into effect – no private guardian available – Public Guardian appointed – four week reviewable order made.

Catchwords:

GUARDIANSHIP – end-of-term review of a guardianship order – subject person with cerebral palsy and visual impairment – subject person an in-patient at a public hospital – awaiting discharge into supported independent living placement – need for revision to NDIS plan – need for accommodation, healthcare and services decisions – need for medical and dental consent decisions – conflict within subject person's close family – no private person suitable to be appointed – Public Guardian appointed – order made. FINANCIAL MANAGEMENT – application for a financial management order – whether subject person is incapable of managing their affairs – family conflict – no private person suitable to be appointed – need for an independent and objective financial manager – maintenance of family relationships – NSW Trustee and Guardian appointed – order made.

Catchwords:

FINANCIAL MANAGEMENT – application for a financial management order – subject person is of advanced age – whether subject person is incapable of managing their own affairs – evidence taken from the subject person in private – subject person able to explain her current financial situation – sensible management of assets and liabilities – no evidence of subject person being unable to manage own finances – application dismissed. REVIEW OF ENDURING POWER OF ATTORNEY – application to review an enduring power of attorney – changes to long-standing appointment of attorney – subject person capable of making informed decision to appoint an attorney – decision not to carry out a review of the enduring power of attorney – application dismissed.

Catchwords:

CONSENT TO MEDICAL TREATMENT – application for consent to special medical treatment – removal of Mirena IUD and endometrial ablation – 41-year-old woman – intellectual disability – patient not able to understand the general nature and effects of the treatment – patient not able to provide informed consent – procedure will likely result in permanent infertility – whether treatment is the most appropriate form to promote health and wellbeing – whether proposed treatment is necessary to save patient’s life or prevent serious damage to health – consent given.

Catchwords:

CONSENT TO MEDICAL TREATMENT – application for consent to special medical treatment – total laparoscopic hysterectomy and if necessary conversion to abdominal hysterectomy – 21-year-old woman – intellectual disability, brain injury and mental illness – patient not able to understand the effects of the treatment – patient not able to provide informed consent – procedure will result in permanent infertility – whether treatment is the most appropriate form to promote health and well-being – whether proposed treatment is necessary to save patient’s life or prevent serious damage to health – consent given.

Catchwords:

CONSENT TO MEDICAL TREATMENT – application for consent to special medical treatment – total abdominal hysterectomy and bilateral salpingectomy – oophorectomy – 32-year-old woman – intellectual disability – large abdominal mass – patient not able to understand the general nature and effects of the treatment – patient not able to provide informed consent – procedure will result in permanent infertility – whether treatment is the most appropriate form to promote health and well-being – whether proposed treatment is necessary to save patient’s life or prevent serious damage to health – consent given.

Catchwords:

CONSENT TO MEDICAL TREATMENT – application for consent to special medical treatment – laparoscopic right oophorectomy and cystectomy and bilateral salpingectomy – 48-year-old woman – ovarian cyst – intellectual disability – patient not able to understand the general nature and effects of the treatment – patient not able to provide informed consent – procedure will result in permanent infertility – whether treatment is the most appropriate form to promote health and well-being – whether proposed treatment is necessary to save patient’s life or prevent serious damage to health – consent given – consent is effective even if the patient objects to the treatment.

Catchwords:

GUARDIANSHIP – application for a guardianship order – subject person diagnosed with Fragile X syndrome and intellectual disability – cognitive impairment – subject person resides at an aged care facility – subject person an NDIS participant – restrictive practices function – use of chemical restraint – olanzapine and sodium valproate to manage behaviours – need for a guardianship order with a restrictive practices function – suitability of proposed guardian – private guardian appointed – order made.

Catchwords:

GUARDIANSHIP – application for a guardianship order – subject person with profound intellectual and physical disabilities – resident of FACS group home – palliative care plan – Withdrawal of Active Resuscitation order – previous orders signed by mother as person responsible – where CPR would be burdensome, intrusive and cause serious injury – new FACS policy on resuscitation plans – cardiopulmonary resuscitation mandated under policy unless guardian appointed to approve not for resuscitation order – consideration of common law principles concerning withholding of treatment – consideration of NSW Ministry of Health Directive on Using Resuscitation Plans in End of Life Decisions – finding that decisions relating to the withholding of treatment can be made under a health care function – appointment of private guardians – order made.

Catchwords:

CONSENT TO MEDICAL TREATMENT – application for consent to special medical treatment – endometrial ablation – patient has anaemia from heavy menstrual bleeding – patient not able to provide informed consent – intellectual disability – whether the treatment is the most appropriate form of treatment to promote health and well-being – whether treatment is necessary to save patient’s life or prevent serious damage to health – application dismissed.

Catchwords:

CONSENT TO MEDICAL TREATMENT – application for consent to special medical treatment – subject person with an acquired brain injury – ongoing cognitive impairment – history of disinhibited sexual behaviour – androgen reducing medication for the purpose of behavioural control – Androcur (Cyproterone Acetate) – subject person incapable of providing consent – whether the treatment is the most appropriate form of treatment to promote health and well-being – consent given for a limited period of three months – subject person’s appointed guardian given authority to consent to continuation of treatment for the remaining term of the guardianship order.

Catchwords:

CONSENT TO MEDICAL TREATMENT – application for consent to special medical treatment – abdominal hysterectomy – definition of “special medical treatment” under section 33 of the Guardianship Act – evidence that the proposed treatment will not cause permanent infertility as the patient is already permanently infertile – proposed treatment is not special medical treatment – person responsible able to provide consent to major medical treatment – no need for the Tribunal to provide consent – application dismissed.

Catchwords:

CONSENT TO MEDICAL TREATMENT – patient a “detained person” under the Mental Health Act – inpatient at a public hospital – diagnosed with borderline personality disorder – proposed treatment to remove Portacath – patient not able to provide consent – patient heavily sedated while undergoing opioid withdrawal – person responsible not willing to consent to the proposed treatment – serious risk to the patient if treatment is not carried out – consent given.

Catchwords:

CONSENT TO MEDICAL TREATMENT – application for consent to special medical treatment – androgen reducing medication for the purpose of behavioural control – Androcur (Cyproterone Acetate) – patient with schizophrenia and acquired brain injury – history of inappropriate sexual behaviour – insufficient evidence that treatment is necessary, appropriate or in the patient’s best interests – application dismissed.

Catchwords:

CONSENT TO MEDICAL TREATMENT – application for consent to special medical treatment – Cyproterone Acetate (Androcur) – androgen reducing medication for the purpose of behavioural control – subject person not able to provide consent to medical treatment – finding that continued use of low dose of Androcur is in the subject person’s best interests – consent given for a period of four months – condition that investigations should be conducted into any adverse side effects. GUARDIANSHIP – application for a guardianship order – subject person with an intellectual disability – subject person living in supported accommodation – restrictive practices – chemical restraint – need for a guardian to consent to the use of Androcur for behaviour control – need for decisions to be made in relation to health care and consent to medical and dental treatment – no private guardian available – Public guardian appointed – order made.

Catchwords:

CONSENT TO MEDICAL TREATMENT – application for consent to special medical treatment – androgen reducing medication for the purpose of behavioural control – Androcur (Cyproterone Acetate) – patient with an intellectual disability and paedophilic tendencies – patient exhibits disinhibited sexualised behaviour – patient not able to provide own consent – whether the treatment is the most appropriate form of treatment to promote health and well-being – consent given.

Catchwords:

CONSENT TO MEDICAL TREATMENT – application for consent to special medical treatment – total hysterectomy and bilateral salpingectomy – 48-year-old woman – intellectual disability – patient not able to understand the general nature and effects of the treatment – patient not able to provide informed consent – procedure will result in permanent infertility – whether treatment is the most appropriate form to promote health and well-being – whether proposed treatment is necessary to save patient’s life or prevent serious damage to health – consent given.

Catchwords:

CONSENT TO MEDICAL TREATMENT – application for consent to special medical treatment – subject person diagnosed with Lewy Body Dementia, Parkinson’s disease and psychosis – clozapine used as treatment for hallucinations and psychotic disorder – use of antipsychotic medication to treat psychosis is not special medical treatment – person responsible able to provide consent – application dismissed. GUARDIANSHIP – end-of-term review of a guardianship order – whether a further guardianship order should be made – subject person resides at an aged care facility – person responsible able to provide consent to major medical treatment – no decisions that need to be made by a guardian – no order made – order allowed to lapse.

Catchwords:

CONSENT TO MEDICAL TREATMENT – application for consent to special medical treatment – sexually inappropriate behaviour – involvement in the criminal justice system for sexual offences – anti-androgen medication to modify behaviour – Androcur (Cyproterone Acetate) – subject person not able to provide informed consent – whether the treatment is the most appropriate form of treatment to promote health and well-being – consent given for a limited period of three months. GUARDIANSHIP – end-of-term review of a guardianship order – whether a further guardianship order should be made – subject person with an intellectual disability – need for decisions in relation to accommodation, services, health care, and medical and dental treatment – restrictive practices – chemical restraint – environmental restraint – authority to consent to continuation of special medical treatment – administration of Androcur – Public Guardian reappointed – order made.

Catchwords:

REVIEW OF ENDURING GUARDIANSHIP – application to review an enduring guardianship appointment – principal is of advanced aged – principal diagnosed with dementia – multiple hospital admissions – discharged from hospital against medical advice – high falls risk – recommendation that the principal be admitted to an aged care facility – enduring guardian wishes for principal to remain living at home despite high care needs and serious risk of physical injury. INTERLOCUTORY – leave granted for legal representation – adjournment – procedural fairness – legal representative recently instructed – opportunity to consider submissions – hearing adjourned.

Catchwords:

REVIEW OF ENDURING POWER OF ATTORNEY – review of the operation and effect of an enduring power of attorney – principal appointed two attorneys jointly and severally – mismanagement of the principal’s finances by one of the attorneys – Tribunal exercises discretion to make an order under s 36(2) of the Powers of Attorney Act – decision to replace one of the attorneys under the enduring power of attorney with the principal’s family member. REVIEW OF ENDURING GUARDIANSHIP – principal is of advanced aged – principal diagnosed with advanced dementia – principal appointed two enduring guardians jointly and severally – one of the enduring guardians sought to resign from the enduring guardianship appointment due to a conflict of interest – decision to replace one of the enduring guardians with the principal’s family member – order made.

Catchwords:

GUARDIANSHIP – application for a guardianship order – whether subject person is a person in need of a guardian – subject person is of advanced age – cognitive impairment – significant conflict within subject person’s close family – need for a guardian to make decisions about access – no private person suitable to be appointed – Public Guardian appointed – order made. FINANCIAL MANAGEMENT – application for a financial management order – subject person executed an enduring power of attorney – evidence of mismanagement of the subject person’s funds by the attorney – subject person incapable of managing own financial affairs – conflict within subject person’s close family – no private person suitable to be appointed – NSW Trustee and Guardian appointed – order made.

Catchwords:

REVIEW OF AN ENDURING POWER OF ATTORNEY – review of the operation and effect of an enduring power of attorney – whether an order under s 36 of the Powers of Attorney Act should be made – mismanagement of funds by the attorney – large portion of the principal’s estate spent or transferred to the attorney and her family members as gifts – decision to treat application to review an enduring power of attorney as an application for a financial management order – subject person is of advanced age – significant cognitive impairment – need to pay for costs related to residential aged care and medical care – no private person suitable to be appointed – NSW Trustee and Guardian appointed – order made.

Catchwords:

REVIEW OF AN ENDURING POWER OF ATTORNEY – review of the operation and effect of an enduring power of attorney – changes to long-standing appointment of attorney – whether an order under s 36 of the Powers of Attorney Act should be made – no order made – decision to treat application to review an enduring power of attorney as an application for a financial management order. FINANCIAL MANAGEMENT – whether subject person is incapable of managing their own affairs – subject person of advanced age – subject person diagnosed with dementia – cognitive impairment – complex financial affairs – need for decisions to be made to recover money and property owed to the subject person – need to pay for accommodation and care fees in an aged care facility – suitability of proposed private manager – private financial manager appointed – reviewable order made. REVIEW OF ENDURING GUARDIANSHIP – application to review an enduring guardianship appointment – finding that the subject person had capacity to make a valid enduring guardianship appointment – not in subject person’s interests to overturn subject person’s decisions – appointment of enduring guardianship confirmed. GUARDIANSHIP – existing enduring guardianship appointment – no decisions to be made that cannot be made by an enduring guardian – no need for a guardianship order – application dismissed.

Catchwords:

FINANCIAL MANAGEMENT – application for a financial management order – subject person is of advanced age – subject person has a Major Neurocognitive Disorder – family members appointed as joint attorneys under an enduring power of attorney – mismanagement of the subject person’s finances by the attorneys – subject person dissatisfied with the attorneys’ management of his money – subject person lacks capacity to manage his affairs – in the subject person’s best interests for a financial management order to be made – no private financial manager suitable to be appointed – NSW Trustee and Guardian appointed – order made. REVIEW OF ENDURING POWER OF ATTORNEY – application to review an enduring power of attorney – decision not to carry out a review of the operation and effect of the enduring power of attorney – automatic suspension of the enduring power of attorney under s 50(3) of the Powers of Attorney Act as financial management order made.

Catchwords:

REVIEW OF ENDURING GUARDIANSHIP – application to review an enduring guardianship appointment – principal is of advanced age – principal diagnosed with dementia – principal resides in an aged care facility – allegations of elder abuse and mistreatment of the principal by the enduring guardian – enduring guardian seeks to remove the principal from aged care against the principal’s best interests – principal expressed strong wishes not to have any contact with the enduring guardian – enduring guardianship instrument no longer workable – evidence that the principal can make own decisions regarding accommodation, health care and medical treatment – enduring guardianship appointment revoked.

Catchwords:

REVIEW OF ENDURING POWER OF ATTORNEY – review of the making of the enduring power of attorney – whether the subject person had capacity to enter into an enduring power of attorney – Law Society of NSW guidelines on assessing a client’s capacity – whether an order under s 36 of the Powers of Attorney Act should be made – decision to treat application to review an enduring power of attorney as an application for a financial management order – subject person is of advanced age – subject person diagnosed with dementia – subject person incapable of managing own financial affairs – suitability of proposed private manager – private financial manager appointed – order made. REVIEW OF ENDURING GUARDIANSHIP – finding that the subject person did not have capacity to enter into an enduring guardianship appointment – decision to treat application to review an enduring guardianship appointment as an application for a guardianship order – whether subject person is a person in need of a guardian – subject person an in-patient at a public hospital – need for decisions to be made in relation to services, health care, and consent to medical and dental treatment – need for accommodation function with power to authorise others – no private person suitable to be appointed – public guardian appointed – order made.

Catchwords:

GUARDIANSHIP – application for a guardianship order – whether subject person is a person in need of a guardian – subject person is of advanced age – subject person diagnosed with severe dementia – subject person an in-patient at a public hospital – conflict between family members – concerns about neglect and adequacy of care previously provided to the subject person – need for accommodation decisions for admission to an aged care facility – need for an ACAT assessment – need for decisions to be made in relation to services, health care, and consent to medical and dental treatment – suitability of proposed guardian – private guardian appointed – order made. FINANCIAL MANAGEMENT – application for a financial management order – whether subject person is incapable of managing their affairs – need to pay for accommodation and care fees in an aged care facility – suitability of proposed private manager – private financial manager appointed - order made.

Catchwords:

REVIEW OF ENDURING POWER OF ATTORNEY – principal made and subsequently revoked several enduring power of attorney and enduring guardianship appointments – principal has early stage dementia – significant assets in Australia and the United Kingdom – review of the making of the enduring power of attorney – finding that the principal had the mental capacity to make a valid enduring power of attorney – review of the operation and effect of an enduring power of attorney – relationship between attorneys irretrievably broken down – attorneys unable to act jointly or severally to make decisions in the principal’s best interests – Tribunal exercises discretion to make an order under s 36(4)(f) of the Powers of Attorney Act – enduring power of attorney revoked. REVIEW OF REVOCATION OF AN ENDURING POWER OF ATTORNEY – Tribunal exercises discretion to make an order under s 36(3A)(a) of the Powers of Attorney Act – finding that the principal had the mental capacity to revoke a power of attorney. REVIEW OF ENDURING GUARDIANSHIP – principal appointed two enduring guardians jointly and severally – relationship between enduring guardians irretrievably broken down – one of the appointed enduring guardians does not have a personality generally compatible with the principal – principal expressed clear wishes about who she wanted to appoint as her enduring guardian – decision to revoke the enduring guardianship appointment to remove one of the enduring guardians.

Catchwords:

REVIEW OF ENDURING GUARDIANSHIP – decision to treat the application to review an enduring guardianship appointment as an application for a guardianship order – whether the subject person is a person in need of a guardian – whether a guardianship order should be made – no authority to make decisions about access under the enduring guardianship appointment – subject person expressed strong views against contact with family members – allegations of elder abuse – no need for a guardianship order to be made – application dismissed. REVIEW OF POWER OF ATTORNEY – application to review an enduring power of attorney – whether an order under s 36 of the Powers of Attorney Act should be made – decision to treat application to review an enduring power of attorney as an application for a financial management order – subject person is of advanced aged – subject person has dementia – subject person incapable of managing own financial affairs – transfer of home and significant amounts of money to the attorney – possible legal action in relation to unconscionable bargaining or undue influence – in the subject person’s best interests for a financial management order to be made – need for an independent decision maker – NSW Trustee and Guardian appointed – order made.

Catchwords:

REVIEW OF ENDURING POWER OF ATTORNEY – review of the operation and effect of an enduring power of attorney – principal appointed two joint attorneys – principal is of advanced age – principal diagnosed with dementia – allegations of mismanagement of the principal’s finances by one of the attorneys – breakdown of the relationship between jointly appointed attorneys – power of attorney unworkable – Tribunal exercises discretion to make an order under s 36(4)(b) of the Powers of Attorney Act – decision to revoke the appointment of one of the attorneys.

Catchwords:

GUARDIANSHIP – application for a guardianship order – whether a guardianship order should be made – subject person is of advanced age – subject person resides in an aged care facility – hypoxic brain injury and spasticity – cognitive impairment – subject person made an appointment of enduring guardianship – allegations of elder abuse – undue influence by the subject person’s enduring guardian and carer – need to protect the subject person from abuse, neglect and exploitation – need for an independent decision maker – need for decisions to be made about access, accommodation and services – no private person suitable to be appointed – Public Guardian appointed – order made. FINANCIAL MANAGEMENT – application for a financial management order – subject person made an appointment of enduring power of attorney – existing enduring power of attorney is not operating in the subject person’s best interests – subject person is incapable of managing their own financial affairs – vulnerable to financial exploitation – no private person suitable to be appointed – NSW Trustee and Guardian appointed – order made.

Catchwords:

GUARDIANSHIP – application for a guardianship order – whether a guardianship order should be made – existing enduring guardianship appointment – subject person is of advanced age – cognitive impairment associated with moderate dementia and depression – concerns that subject person is living in unhygienic conditions with basic care needs not met – high falls risk and limited mobility – carer preventing subject person from accessing services – subject person unwilling to move to aged care – need for decisions to be made about health care, medical and dental consent, and services – accommodation function with power to authorise others – conflict between family members – no private person suitable to be appointed – Public Guardian appointed – order made. FINANCIAL MANAGEMENT– application for a financial management order – existing enduring power of attorney is not operating in the subject person’s best interests – need to protect the subject person from financial abuse and exploitation – no private person suitable to be appointed – NSW Trustee and Guardian appointed – order made. INTERLOCUTORY – joinder of party – investigations of elder abuse by the NSW Ageing and Disability Commission – party has genuine concern for subject person – party joined.

Catchwords:

REVIEW OF AN ENDURING POWER OF ATTORNEY – review of the operation and effect of an enduring power of attorney – whether an order under s 36 of the Powers of Attorney Act should be made – mismanagement of principal’s finances by the attorney – attorney obtained significant benefits – principal suffered significant financial loss – decision to revoke enduring power of attorney – decision to treat application to review an enduring power of attorney as an application for a financial management order – need to protect the principal from financial abuse and exploitation – need for legal action to recover principal’s estate – NSW Trustee and Guardian appointed – order made. REVIEW OF ENDURING GUARDIANSHIP – application to review an enduring guardianship appointment – principal has been isolated from her family members – decisions not made by the enduring guardian in the principal’s best interests – decision to revoke the enduring guardianship appointment – decision to treat the application to review an enduring guardianship appointment as an application for a guardianship order. GUARDIANSHIP – application for a guardianship order – whether subject person is a person in need of a guardian – subject person is of advanced age – cognitive impairment – need for decisions to be made about health care and medical and dental consent – accommodation function with power to authorise others – suitability of proposed private guardians – private guardians jointly appointed – order made.

Catchwords:

REVIEW OF ENDURING POWER OF ATTORNEY– where the subject person is now a permanent resident of another state – power of attorney made under the laws of NSW – Tribunal found to have jurisdiction – review of the operation and effect of an enduring power of attorney – whether an order under s 36 of the Powers of Attorney Act should be made – decision to treat application to review an enduring power of attorney as an application for a financial management order – subject person is of advanced age – subject person with Alzheimer’s type dementia – subject person not capable of managing their own affairs – significant conflict within subject person’s family – no private person suitable to be appointed – NSW Trustee and Guardian appointed – order made. FINANCIAL MANAGEMENT – requested review of an interim financial management order – whether financial management order should be revoked – in the subject person’s best interests for the financial management order to continue – decision not to revoke financial management order – application dismissed.

Catchwords:

REVIEW OF AN ENDURING POWER OF ATTORNEY – review of the operation and effect of an enduring power of attorney – person of advanced age – changes to long standing appointment of attorney – whether an order under s 36 of the Powers of Attorney Act should be made – no order made – decision to treat application to review an enduring power of attorney as an application for a financial management order. FINANCIAL MANAGEMENT – whether subject person is incapable of managing their own affairs – need to pay for accommodation and care fees in an aged care facility – suitability of proposed private manager – private financial manager appointed – order made. REVIEW OF ENDURING GUARDIANSHIP – application to review an enduring guardianship appointment – no authority to make decisions about access under an enduring guardianship appointment – need for a guardian to make decisions about access – decision to treat the application to review an enduring guardianship appointment as an application for a guardianship order. GUARDIANSHIP – whether subject person is a person in need of a guardian – subject person has significant cognitive impairment – need for decisions to be made about access, accommodation, health care, medical and dental consent, and services – significant conflict within subject person’s close family – subject person’s family members support the appointment of the Public Guardian – Public Guardian appointed – order made.

Catchwords:

GUARDIANSHIP – end-of-term review of guardianship order – whether a further guardianship order should be made – subject person suffered a stroke – cognitive impairment and physical conditions – subject person lacks insight into her condition – need for decisions to be made about accommodation, health care, medical and dental consent, and services – Aboriginal woman with a strong family network – in the subject person’s best interests to appoint a family member as her guardian – discord amongst family members – subject person supports the appointment of a private guardian – suitability of one of the proposed guardians – private guardian appointed – order made.

Catchwords:

CONSENT TO MEDICAL TREATMENT – application for consent to special medical treatment – bilateral salpingo-oophorectomy – 34 year old woman – ovarian teratoma – autoimmune encephalitis – after hours hearing – urgent hearing requested as patient is critically ill – patient is in a coma in an intensive care unit at a public hospital – patient incapable of giving consent to treatment – patient’s family member supports treatment – whether treatment is necessary to save patient’s life or prevent serious damage to health – removal of both ovaries will result in permanent infertility – risk of death if treatment is not provided – consent given.

Catchwords:

GUARDIANSHIP – end-of-term review of a guardianship order – whether subject person continues to have disabilities which prevent them from making important life decisions – subject person diagnosed with Bipolar Affective Disorder – need for guardian to make health care, medical treatment, accommodation and services decisions – subject person supports the continuation of the guardianship order – private guardian suitable to continue as guardian – guardianship order renewed.

Catchwords:

GUARDIANSHIP – application for a guardianship order – whether a guardianship order should be made, and what order should be made – subject person is of advanced age – subject person has dementia and cognitive impairment – subject person made and then revoked successive enduring guardian and enduring power of attorney appointments – significant conflict within subject person’s close family – need for independent decision-maker in relation to access decisions – proposed guardians not suitable to be appointed – Public Guardian appointed – order made. FINANCIAL MANAGEMENT – application for a financial management order – whether subject person is incapable of managing their own affairs – best interests of the subject person that an order be made – no private person suitable to be appointed – NSW Trustee and Guardian appointed – order made.

Catchwords:

GUARDIANSHIP – end-of-term review of a guardianship order – whether subject person continues to have disabilities which prevent them from making important life decisions – subject person is of advanced age – subject person has significant cognitive impairment – significant conflict within subject person's close family – whether proposed guardian suitable to be appointed guardian – proposed guardian's accommodation interests conflict with the subject person's financial need – proposed guardian not suitable to be appointed guardian – Public guardian appointed – continued need for decisions to be made in relation to access, accommodation, healthcare, and consent to medical and dental treatment – need for services function – order renewed and varied.

Catchwords:

GUARDIANSHIP – application for a guardianship order – whether subject person is a person in need of a guardian – application of section 14 of the Guardianship Act 1987 – subject person dependent on others to make lifestyle decisions – subject person requires high level care – opposition to the provision of services or placement in an aged care facility – subject person did not attend the hearing – adequate notice of hearing – balance between procedural fairness and duty to protect the welfare and the interests of the subject person – urgent decisions to be made about accommodation, services, health care and medical treatment – Public Guardian appointed – order made – order to be reviewed in three months.

Catchwords:

FINANCIAL MANAGEMENT – application for a financial management order – subject person has dementia and cognitive impairment – member of religious order – evidence of personal commitment to the congregation – communitarian and collective regime for dealing with wealth – vow of poverty – property to be placed under the management of the congregation in accordance with the congregation’s rules and practices – need for someone with legal authority to dispose of interest in the property – private person suitable to be appointed as financial manager – private financial manager appointed – order made – order to be reviewed in 12 months.

Catchwords:

REVIEW OF ENDURING POWER OF ATTORNEY – advice or directions to attorney – s 38 of the Powers of Attorney Act 2003 (NSW) – sale of property which is part of the principal’s estate – whether the agent is entitled to commission under an agency agreement – direction by the Tribunal – attorney to pay the agent’s commission out of the principal’s estate – attorney to pay disbursements and legal fees associated with the application out of the principal’s estate – order made.

Catchwords:

GUARDIANSHIP – application for a guardianship order – subject person has dementia – subject person an in-patient in a public hospital – need to move into residential aged care – subject person at risk of absconding – need for others to bring accommodation decisions into effect – use of restraint in aged care – Quality of Care Principles 2014 (Cth) – Risperidone to manage behaviour – chemical restraint – environmental restraint – conditions on restrictive practices function – suitability of proposed guardian – private guardian appointed – order made.

Catchwords:

REVIEW OF ENDURING GUARDIANSHIP – statutory framework for review of an enduring guardian appointment – subject person diagnosed with dementia – whether subject person had capacity to make an enduring guardianship appointment – conflict between family members – joint appointment not in subject person's best interests – no decisions to be made which cannot be made under existing appointment – appointment of sole enduring guardian confirmed – no orders made. REVIEW OF ENDURING POWER OF ATTORNEY – operation of s 36 of the Powers of Attorney Act 2003 (NSW) – Tribunal exercises discretion to review the making and operation and effect of the enduring power of attorney – whether subject person had capacity to make a power of attorney – duties and obligations of an attorney – fiduciary duty – duty to keep records – joint accounts – no evidence of mismanagement of financial affairs – no need for independent audit – no orders made – application dismissed.

Catchwords:

GUARDIANSHIP – end-of-term review of guardianship order – subject person living in supported accommodation – subject person an NDIS participant – restrictive practices function – chemical restraint – consent to medical treatment – COVID-19 vaccination – suitability of guardian – whether guardian is able to make a balanced decision – private guardian reappointed for one month only – awaiting behaviour support plan – order renewed.

Catchwords:

GUARDIANSHIP – application for a guardianship order – whether subject person is a person in need of a guardian – subject person has depression – subject person living in supported accommodation – need for medication to deal with aggressive behaviours – restrictive practices function – chemical restraint – need for medical and dental consent decisions – need for healthcare and services decisions – no private guardian available – Public Guardian appointed – order made.

Catchwords:

GUARDIANSHIP – application for a guardianship order – whether subject person is a person in need of a guardian – unconfirmed diagnosis of dementia – subject person an inpatient in hospital – lack of insight into their condition, needs, and reason for admission to hospital – long-term alcohol use and possible liver damage – need for accommodation decisions post-discharge – subject person exhibits wish to return home – need for authorise others function – suitability of proposed private guardian – private guardian appointed – order made. FINANCIAL MANAGEMENT – application for a financial management order – whether subject person is incapable of managing their own affairs – subject person unable to budget – charitable organisation paying subject person’s expenses – subject person has unpaid debts – potential need for residential aged care contracts to be signed on subject person’s behalf – proposed financial manager able to approach the role in a clinical, methodical fashion – private financial manager appointed – order made.

Catchwords:

REVIEW OF ENDURING GUARDIANSHIP – application to review an enduring guardianship appointment – family conflict resulting in loss of contact between subject person and family members – joint enduring guardianship unworkable – enduring guardianship appointment revoked – decision to treat the application to review an enduring guardianship appointment as an application for a guardianship order. GUARDIANSHIP – practicability of services being provided without an order – ongoing family conflict impedes informal decision-making – need for decisions to be made in relation to access, services, accommodation, health care and consent to medical treatment – suitability of proposed guardian – need for independent decision-maker in relation to access decisions – private guardians appointed jointly with the Public Guardian – order made.

Catchwords:

REVIEW OF AN ENDURING POWER OF ATTORNEY – review of the making of an enduring power of attorney – subject person suffered a stroke - ongoing family conflict – whether subject person had capacity at the time power of attorney was signed – best practice – no reason for existing arrangements to be changed – order under s 36(3) of the Powers of Attorney Act not warranted.

Catchwords:

GUARDIANSHIP – requested review of guardianship order – participant in the Lifetime Care and Support Scheme – restrictive practices function – mechanical restraint – use of seatbelt in wheelchair while in the community – attempts to stand up in wheelchair – risk of falling – scheme policy and NDIS rules – risk management strategy – order varied to promote welfare and interests of subject person

Catchwords:

GUARDIANSHIP – application for a guardianship order – patient in NSW hospital – physically present in NSW but resident of another state – parties in different Australian states – jurisdiction to make a guardianship order – suitability of proposed guardians – significant family conflict – family dispute on accommodation decision– removed from hospital without authorisation – significant bank withdrawals – Public Guardian appointed. FINANCIAL MANAGEMENT – patient in NSW hospital – no property in NSW – resident of another state – no jurisdiction to make a financial management order – application dismissed. POWER OF ATTORNEY – patient in NSW hospital – instrument made in another state – resident of another state – no jurisdiction to review enduring power of attorney – application dismissed.

Catchwords:

GUARDIANSHIP – application for a guardianship order – ‘person in need of a guardian’ – subject person being treated by medication – reduction in alcohol consumption – medical evidence of capacity to make decisions – rational discussions and observations of subject person – application dismissed. FINANCIAL MANAGEMENT – application for a financial management order – possible conflict of interest between financial interests of subject person and applicant – capability to manage one’s own affairs – sensible management of assets and liabilities – application dismissed. ENDURING GUARDIANSHIP – review of enduring guardianship appointment – request to confirm appointment – capability to make and revoke enduring guardian appointment – confirmation would have no effect as subject person could then effectively revoke the appointment – application dismissed.

Catchwords:

GUARDIANSHIP – application for a guardianship order – whether a guardianship order should be made – subject person inpatient in hospital – subject person with dementia – high level of carer stress – subject person unwilling to move to aged care – need for an ACAT assessment – need for accommodation decisions for admission to an aged care facility – need for others to bring accommodation decisions into effect – suitability of proposed guardian – private guardian appointed – twelve month non-reviewable order made.

Catchwords:

FINANCIAL MANAGEMENT – application for a financial management order – whether subject person is incapable of managing their affairs – where subject person vulnerable to exploitation – suitability of proposed private managers – private managers jointly appointed – order made.

Catchwords:

GUARDIANSHIP – review of a guardianship order – end-of-term review of guardianship order – subject person with Korsakoff's syndrome and Schizophrenia – whether a further guardianship order should be made – continued need for a guardianship order – need for decisions in relation to accommodation and services – healthcare functions no longer required – medical and dental consent no longer required - Public Guardian appointed – order renewed and varied. FINANCIAL MANAGEMENT – review of financial management order – end of term review of financial management order – where the subject person remains incapable of managing their affairs – NSW Trustee and Guardian appointed – order renewed.

Catchwords:

GUARDIANSHIP – application for a guardianship order – whether subject person is a person in need of a guardian – subject person with speech and hearing impairment – limited language – reliance on family members in navigating community – guardianship order made – appointment of private guardian. FINANCIAL MANAGEMENT – application for a financial management order – whether subject person incapable of managing their own affairs – victim of financial exploitation – risk of further financial exploitation – private person suitable to be appointed as financial manager – private financial manager appointed – order made.

Catchwords:

GUARDIANSHIP – application for a guardianship order – whether subject person is a person in need of a guardian – subject person an inpatient in hospital – need for decision in relation to accommodation upon discharge – need for medical and dental consent decisions – need for healthcare and services decisions – proposed guardian not suitable to be appointed – potential conflict of interest – Public Guardian appointed – order made. FINANCIAL MANAGEMENT – application for a financial management order – capacity to manage one’s own affairs – proposed financial manager not suitable to be appointed – potential conflict of interest – financial management order made – appointment of NSW Trustee and Guardian as financial manager – order made.

Catchwords:

GUARDIANSHIP – application for a guardianship order – whether a guardianship order should be made – subject person inpatient in hospital – subject person with dementia – high level of carer stress – subject person unwilling to move to aged care – need for an ACAT assessment – need for accommodation decisions for admission to an aged care facility – need for medical and dental consent decisions – need for healthcare and services decisions – need for others to bring accommodation decisions into effect – authority to override objections to medical treatment – suitability of proposed guardian - private guardian appointed – order made. FINANCIAL MANAGEMENT – application for a financial management order – whether subject person incapable of managing their own affairs – where financial decisions need to be made for subject person to enter residential aged care – private person suitable to be appointed as financial manager – private financial manager appointed – order made.

Catchwords:

GUARDIANSHIP – COVID-19 vaccination – consent to medical treatment – guardian appointed early in pandemic and prior to development of COVID-19 vaccination with authority to consent to medical treatment – guardian objects to administration of vaccination for son – consideration of reasons for guardian’s objection and medical evidence in support of vaccination being administered – Tribunal consented to administration of vaccination – consideration of paramountcy of person’s welfare and interests under s 4 Guardianship Act and object of Part 5 to ensure that a person is not deprived of necessary medical treatment because of lack of capacity to consent.

Catchwords:

GUARDIANSHIP – COVID-19 vaccination – consent to medical treatment – person responsible refuses to consent to administration of vaccination – consideration of reasons for refusal by person responsible and medical evidence in support of vaccination being administered – Tribunal consented to administration of vaccination – determined that vaccination is most appropriate form of treatment to maintain person’s health and well-being and to prevent serious damage to his health if he contracts COVID-19.

Catchwords:

GUARDIANSHIP – 36 weeks pregnant – “assessable” person under Mental Health Act – delusions about pregnancy and unborn child – at least partially incapable of managing own person in relation to pregnancy, birth and post-partum period – three month non-reviewable guardianship order made to take into account post-partum recovery.

Catchwords:

GUARDIANSHIP – application for a guardianship order – proposed use of restraint in aged care – environmental restraint – family concerns over safety in aged care facility – family proposal for placement in secure facility wing – no care plan or professional recommendation for placement in secure wing – other decisions can be made informally – application dismissed

Catchwords:

GUARDIANSHIP – application for a guardianship order – use of restraint in aged care – 24/7 home care services – lifetime care and support plan – existing enduring guardianship does not authorise use of restraint – use of bed rails by carer for safety – mechanical restraint – conditions on restrictive practices function – order includes other decisions in enduring guardian appointment – adult children appointed as private guardians

Catchwords:

GUARDIANSHIP – application for a guardianship order – use of restraint in aged care – Quality of Care Principles 2014 (Cth) – restrictive practices substitute decision maker – risperidone to manage behaviour – chemical restraint – requirements of care and support plan – conditions on restrictive practices function – language barriers in aged care facility – Public Guardian appointed

Catchwords:

GUARDIANSHIP – review of guardianship order – permanent resident of aged care facility – unsupported allegations of neglect and abuse by Public Guardian – concerns over separation of subject person and spouse – service needs met by aged care facility – suitability of proposed guardian – supporting material not received – no evidence on ability to meet statutory criteria – family conflict – separate representative and family member oppose proposed guardian – Public Guardian reappointed PROCEDURE – rejection of adjournment request – guiding principle in Tribunal proceedings – non-compliance with evidence timetable – hearing proceeded in absence of certain evidence – reasonable opportunity to be heard – limits on presentation time of parties – unsupported allegations of actual bias of Tribunal Member – no evidence to support recusal

Catchwords:

GUARDIANSHIP – review of guardianship order – permanent resident of aged care facility – unsupported allegations of neglect and abuse by Public Guardian – concerns over separation of subject person and spouse – service needs met by aged care facility – suitability of proposed guardian – supporting material not received – no evidence on ability to meet statutory criteria – family conflict – separate representative and family member oppose proposed guardian – Public Guardian reappointed PROCEDURE – rejection of adjournment request – guiding principle in Tribunal proceedings – non-compliance with evidence timetable – hearing proceeded in absence of certain evidence – reasonable opportunity to be heard – limits on presentation time of parties – unsupported allegations of actual bias of Tribunal Member – no evidence to support recusal

Catchwords:

GUARDIANSHIP – after hours hearing – urgent hearing requested as subject person trying to leave hospital against medical advice – cognitive impairment associated with Wernicke’s encephalopathy – whether limited notice of hearing to subject person breached procedural fairness – risk outweighed limited notice – eight week reviewable guardianship order made.

Catchwords:

GUARDIANSHIP – application for a guardianship order – inpatient with advanced dementia – impracticable for services to be provided without an order – family conflict – suitability of proposed guardian – no supportive material provided – proposed guardian with criminal history – non-disclosure of possible conflicts of interests and financial issues – separate representative opposes proposed guardian – Public Guardian appointed FINANCIAL MANAGEMENT – application for a financial management order – unable to manage affairs – urgent need to manage estate – mortgage in arrears and other debts – suitability of proposed manager – lack of understanding of duties – no evidence provided – issues with personal qualities – NSW Trustee and Guardian appointed

Catchwords:

GUARDIANSHIP – end of term review of guardianship order – use of restraint in aged care – Aged Care Act 1997 (Cth) – Quality of Care Principles 2014 (Cth) – obligations of approved providers regarding restrictive practices and behaviour support plans – requirements of mandatory behaviour support plans – restrictive practices substitute decision maker – authorised guardian required to provide consent for use of restrictive practices – conditions on restrictive practices function – chemical restraint – private guardian reappointed – excludes areas where decisions can be made by person responsible without an order

Catchwords:

GUARDIANSHIP – requested review of guardianship order – whether a further guardianship order should be made – suitability of proposed guardian – NSW Trustee and Guardian previously adopted “communication protocol” with proposed guardian in response to comments directed at staff – proposed guardian apologised for behaviour – proposed guardian demonstrates insight into the needs of the subject person – genuine ongoing concern for the subject person’s welfare and interests – objection to reappointment of Public Guardian – private guardian and alternative guardian appointed FINANCIAL MANAGEMENT – requested review of financial management order – whether financial management order should be revoked – whether subject person has regained capability to manage their affairs – evidence, informal support and direct discussion with subject person shows they have regained capability – best interests to revoke order – financial management order revoked – recommendation made to seek legal advice to execute enduring power of attorney

Catchwords:

CONSENT TO MEDICAL TREATMENT – application for consent to special medical treatment – clause 14(b) of the Guardianship Regulation 2016 (NSW) – androgen reducing medication for the purpose of behavioural control – Cyproterone – subject person exhibits disinhibited sexualised behaviour – subject person with meningioma – risks and benefits of proposed treatment – evidence suggests behaviour not linked to testosterone level – inadequate trial of alternative strategies to address behaviours – substantial risk if proposed treatment is given – application dismissed

Catchwords:

GUARDIANSHIP – requested review of guardianship order – whether the appointment of a guardian should be revoked – suitability of guardian – subject person and witnesses support continuation of guardian – guardian has nursing background and understanding of the responsibilities – evidence does not support revoking the appointment – need for decisions about legal services – private guardian reappointed – guardianship order varied

Catchwords:

PROCEDURE – procedural fairness – hearing rule – no prior notice of hearing – communication barriers between parties – application not provided to party – right to access documents filed in support of application – potential for prejudice if hearing were to proceed – hearing adjourned

Catchwords:

FINANCIAL MANAGEMENT – application for a financial management order – no medical evidence on ability to manage affairs – victim of online scams – loss of significant sums of money – risk of further financial exploitation – NSW Trustee and Guardian appointed INTERLOCUTORY – joinder of party – party has genuine concern for subject person – applicant supports joinder – father joined

Catchwords:

GUARDIANSHIP – application for a guardianship order – dispute over access and communication with each parent – conciliation between parties – terms of settlement – request to withdraw application – consent to withdrawal of application FINANCIAL MANAGEMENT – application for a financial management order – beneficial entitlements to advances or distributions from a family trust – uncertainty on availability of disability support pension – financial issues unable to be resolved informally – suitability of proposed financial manager – need for independent assessment and legal advice – risk of deterioration of family relationships – appointment of NSW Trustee and Guardian in subject person’s best interests

Catchwords:

CONSENT TO MEDICAL TREATMENT – application for consent to special medical treatment – laparotomy with bilateral salpingo-oophorectomy and hysterectomy – 43 year old woman – significant mental health issues – large mass affecting kidneys and legs – whether treatment is the most appropriate form to promote health and well-being – whether treatment is necessary to save patient’s life or prevent serious damage to health – consent given GUARDIANSHIP – application for a guardianship order – patient in hospital – pre and post operative care required – mistaken beliefs could result in refusal of medical treatment and services – private guardian appointed

Catchwords:

CONSENT TO MEDICAL TREATMENT – application for consent to special medical treatment – abdominal hysterectomy and bilateral salpingo-oophorectomy – 49 year old woman – treatment of cancer and clots – to prevent further pulmonary emboli, deep vein thrombosis and possible death – whether patient is infertile – whether patient understands increased risks – whether treatment is necessary to save patient’s life or prevent serious damage to health – consent given

Catchwords:

CONSENT TO MEDICAL TREATMENT – application for consent to special medical treatment – external beam radiotherapy – 40 year old woman – stage 4 cervical cancer – subject person incapable of giving consent to treatment – patient and family member support treatment – no realistic alternative to proposed treatment – whether treatment is necessary to save patient’s life or prevent serious damage to health – consent given

Catchwords:

GUARDIANSHIP – COVID-19 vaccination – consent to medical treatment – prophylactic treatment – objection to vaccination – fear of needles – whether objection can be disregarded – whether vaccine is provided to promote health and well-being – requirement for formal consent

Catchwords:

FINANCIAL MANAGEMENT – application for a financial management order – urgent application – subject person in respite care at nursing home – outstanding nursing home and pharmacy fees – unable to recall bank account – financial implications of relocation – suitability of proposed private manager – least restrictive option – spouse appointed as financial manager INTERLOCUTORY – standing – whether a Local Health District has standing to bring an application for a financial management order – “genuine concern for the welfare of the person” – standing established

Catchwords:

GUARDIANSHIP – end of term review of guardianship order – restrictive practices function – use of restraint in aged care that is, however, governed by NDIS rules – subject person wants to move out of aged care facility – restrictions on tobacco use – effect of tobacco on episodes and medication – environmental restraint – subject person and sibling oppose order – views outweighed by evidence and risk – proposed guardian lacks insight and has fixed views – Public Guardian appointed

Catchwords:

FINANCIAL MANAGEMENT – application for a financial management order – capacity to manage one’s own affairs – financial management order made – appointment of NSW Trustee and Guardian as financial manager – reviewable order made GUARDIANSHIP – application for a guardianship order – restrictive practices – chemical restraint – appointment of Public Guardian GENERAL – subject person not present – adequate notice of hearing – hearing proceeding in absence of subject person

Catchwords:

GUARDIANSHIP – application for a guardianship order – admitted to a multi-purpose health service – condition deteriorated – close family relationships – no undue conflict of interest – subject person and family support appointment – private guardian appointed FINANCIAL MANAGEMENT – application for a financial management order – risk of homelessness – vulnerable to exploitation – payments managed by sibling – financial arrangements needed if accommodation changes – subject person supports appointment – private manager found suitable

Catchwords:

GUARDIANSHIP – review of guardianship order – restrictive practices function – patient in mental health unit – community treatment order – paranoid and persecutory delusions – resistant to medication – use of psychotropic medications – daily room searches and monitoring – use of seclusion for safety reasons – chemical restraint – environmental restraint – no private guardian available

Catchwords:

GUARDIANSHIP – end of term review of guardianship order – subject person lives in family home – need for decisions if moved to supported independent living –certain functions not included in reviewed order – order excludes functions which are being handled informally – Public Guardian appointed INTERLOCUTORY – joinder of party – party has genuine concern for subject person – sibling joined

Catchwords:

GUARDIANSHIP – end of term review of guardianship order – restrictive practices function – subject person in supported independent living – whether mood stabiliser medication is chemical restraint – whether camera in lounge room is environmental restraint – surveillance did not limit freedom of movement – locked gate and restricted access to staff and food –environmental restraint – guardian enhanced quality of life

Catchwords:

GUARDIANSHIP – application for a guardianship order – subject person with dementia and at fault in motor vehicle accident – subject person homeless – need to keep in hospital for treatment – need for formal decision maker due to changeable views – suitability of proposed guardian – proposed guardian willing to act in accordance with religious beliefs of subject person

Catchwords:

GUARDIANSHIP – application for a guardianship order – restrictive practices function – use of restraint in aged care – Aged Care Act 1997 (Cth) – Quality of Care Principles 2014 (Cth) – National Disability Insurance Scheme (Restrictive Practices and Behaviour Support) Rules 2018 (Cth) – adoption of NDIS definitions to aged care regime – informed consent required for use of restraint – restrictive practices substitute decision maker – chemical restraint – medication used to treat psychotic experiences and control behaviour – private guardian appointed

Catchwords:

GUARDIANSHIP – end of term review of guardianship order – restrictive practices function –– subject person with intellectual disability – resident in group home – NDIS participant – complex health and major medications prescribed – history of aggression and self-injurious behaviours – use of chemical restraint in behaviour support plan – no person responsible or NDIS Plan Nominee

Catchwords:

GUARDIANSHIP – end of term review of guardianship order – restrictive practices function – resident in supported independent living – physical aggression and absconding – use of locked exits, restricted access to staff, vehicle barriers and medication to control behaviour – whether restricted access to staff is a form of seclusion – chemical restraint – environmental restraint – mechanical restraint – order excludes areas where decisions can be made without the order – private guardian and alternative guardian appointed

Catchwords:

GUARDIANSHIP – application for a guardianship order – residential aged care – subject person with dementia – concerns subject person will return home and leave permanent care – no need for review at end of term – subject person preference of guardian considered – private guardians jointly appointed FINANCIAL MANAGEMENT – application for a financial management order – subject person not opposed to financial management order – need for sale of home and management of bank accounts – need to pay accommodation and care fees – suitability of proposed private managers – private managers jointly and severally appointed

Catchwords:

GUARDIANSHIP – application for a guardianship order – restrictive practices function – residential aged care – subject person with traumatic brain injury and background of stroke – aggressive and resistive to care – refusal of medical treatment – refusal to eat – use of physical restraint in aged care – no private guardian available

Catchwords:

FINANCIAL MANAGEMENT – application for a financial management order – capability to manage own affairs – knowledgeable about income and expenditure but symptoms of illness impact on ability to manage affairs – risk of homelessness due to non-payment of rent – order by Consumer and Commercial Division of NCAT for payment of arrears – best interests – financial management order made

Catchwords:

GUARDIANSHIP – COVID-19 vaccination – requirement for consent of guardian or person responsible – objection to vaccination – requirement for formal consent

Catchwords:

GUARDIANSHIP – application to vary a guardianship order – consideration of what varied order should be made – use of restrictive practices – subject person a forensic patient but supported by NDIS registered service providers in the community – proposed use of chemical and environmental restraints – motion sensors and monitoring by camera – interplay between Guardianship Act 1987 (NSW), Mental Health Act 2007 (NSW), Mental Health (Forensic Provisions) Act 1990 (NSW) and Surveillance Devices Act 2007 (NSW) – consideration of meaning of “authorisation process” contained in National Disability Insurance Scheme (Restrictive Practices and Behaviour Support Rules 2018 (Cth)

Catchwords:

REVIEW OF AN ENDURING POWER OF ATTORNEY – application to review making of power of attorney – authority of the attorney to give gifts – gifts not authorised – unexplained dealings with bank account of principal – decision to treat as application for a financial management order.

Catchwords:

GUARDIANSHIP - end-of-term review of guardianship order - whether a guardianship order should be made, and what order should be made – use of video camera surveillance monitoring subject person’s eating area and bed – whether use of surveillance constitutes a restrictive practice - subject person at risk of falls – chemical restraint – guardian required to consent to use of surveillance – private guardian appointed.

Catchwords:

GUARDIANSHIP – application for a guardianship order - whether a guardianship order should be made, and what order should be made – whether use of GPS sole tracker constitutes a restrictive practice – use of environmental restraint – subject person lacks safety awareness and has history of absconding in his wheelchair – use of locked door to prevent subject person exiting – private guardian appointed.

Catchwords:

GUARDIANSHIP – application for a guardianship order – whether a guardianship order should be made, and what order should be made – use of video camera in subject person’s living/dining area – whether use of surveillance constitutes a restrictive practice – use of video footage for training new staff – use of camera to monitor subject person when in an aggressive state – privacy intrusion requiring consent of a guardian - use of use of chemical restraint –private guardian appointed – guardianship order conditions.

Catchwords:

GUARDIANSHIP – end-of-term review of guardianship order – whether a guardianship order should be made, and what order should be made – whether use of surveillance is a restrictive practice – use of video camera to monitor subject person in his bedroom – use of chemical restraint – use of environmental restraint – private guardian appointed.

Catchwords:

GUARDIANSHIP – application for a guardianship order – whether a guardianship order should be made – consideration of what order should be made – use of restrictive practices – subject person an inpatient at a hospital - subject person not a participant in the NDIS – subject person not a resident or recipient of aged care services – subject person receives care via Lifetime Care and Support scheme operated by iCare (Insurance and Care NSW) – independent restrictive practices policy – use of chemical, environmental and mechanical restraints – appointment of guardians to reflect wishes expressed in enduring guardianship appointment.

Catchwords:

REVIEW OF AN ENDURING POWER OF ATTORNEY – review of the operation and effect of an enduring power of attorney – whether adequate records kept – whether attorneys gained personal benefit – whether conflict of interest arises – subject person retains capacity to instruct – not in subject person’s interests to overturn subject person’s decisions – no order made. REVIEW OF AN ENDURING POWER OF ATTORNEY – review of the revocation of an enduring power of attorney – subject person possibly influenced but will not overborne – no evidence of weight indicating undue influence – no evidence of weight indicating the subject person was confused or misled – decision not to review revocation.

Catchwords:

GUARDIANSHIP – application for a guardianship order – decision to treat application for consent to medical and dental treatment as an application for a guardianship order – traumatic brain injury as a result of high-speed motor vehicle accident – Aboriginal subject person with no contact with family or friends - active refusal of medical treatment – need for decisions to be made about accommodation, health care and consent to medical and dental treatment – use of psychotropic medical to manage behaviour – chemical restraint – need for decisions to be made about the use of restrictive practices - Public Guardian appointed.

Catchwords:

GUARDIANSHIP – end-of-term review of guardianship order – practicability of services being provided without the need for an order – restrictive practices – environmental restraint – chemical restraint – mechanical restraint – continuing need for a guardian to make decisions in relation to the use of restrictive practices – private guardian appointed – order made.

Catchwords:

GUARDIANSHIP – requested review of a guardianship order – request for urgent review – subject person experiencing possibly serious health issue – whether guardianship functions should be varied – subject person objecting to hospital admission – subject person does not understand the potential seriousness of their condition – need for medical treatment decisions to be made with authority to override objections – need for accommodation decision with authority to authorise others to carry out decisions for hospital admissions – guardianship order varied.

Catchwords:

REVIEW OF AN ENDURING POWER OF ATTORNEY – review of the operation and effect of an enduring power of attorney – whether an order under s 36 of the Powers of Attorney Act should be made – whether attorney in breach of their fiduciary duty as attorney – eviction of principal’s children from investment property belonging to the principal - allowing rent-free occupation of the principal’s property amounting to a gift – not in principal’s best interests that an order be made – review of enduring power of attorney conducted – no order made – application dismissed.

Catchwords:

GUARDIANSHIP – end-of-term review of guardianship order – who should be appointed as guardian – whether guardianship order should be varied – suitability of proposed guardian – financial conflict of interest – proposed guardian with history of fraud in relation to subject person’s estate leading to the loss of the subject person’s property – appointment of proposed guardian would be inconsistent with the need to protect subject person from financial abuse or exploitation – pre-existing appointed guardian continues to be suitable for appointment – no continuing need for accommodation decisions or authority to override others – order varied.

Catchwords:

REVIEW OF ENDURING POWER OF ATTORNEY – whether the Tribunal should review the operation and effect of an enduring power of attorney – attorney hid assets from principal’s creditors – attorney wrongly appropriated asset to herself – apparent conflict of interest – conferral of benefit with no authority – decision to treat application as an application for financial management – need for asset to be protected – possible need for legal action – actions of proposed manager led to the need for an order – NSW Trustee and Guardian appointed.

Catchwords:

POWER OF ATTORNEY – advice or directions to attorney – s 38 Powers of Attorney Act – appropriate considerations

Catchwords:

FINANCIAL MANAGEMENT – application for a financial management order – gambling addiction – whether subject person incapable of managing their own affairs - subject person in favour of financial management order being made – subject person at risk of homelessness – NSW Trustee and Guardian appointed.

Catchwords:

GUARDIANSHIP – review of guardianship order – requested review of guardianship order – whether guardianship order should be varied – subject person sponsor of daughter’s carer visa application – need for decisions to be made in relation to visa-related matters – visa-related decisions function - order varied. FINANCIAL MANAGEMENT – application for a financial management order – whether it is in subject person’s best interests that a financial management order be made - financial nature of undertakings of a carer visa sponsor – legal authority of a financial manager in relation to the subject person’s estate – private financial manager appointed.

Catchwords:

GUARDIANSHIP – failure by applicant to appear at hearing and prosecute application – no proper basis for adjournment – no proper basis for order established – application dismissed POWER OF ATTORNEY – review of operation of enduring power of attorney – second such application – no new issues raised – no proper basis for review established

Catchwords:

FINANCIAL MANAGEMENT – requested review of financial management order - whether it is in the best interests of the subject person that the financial management order be revoked – informal support to manage estate provided by family – subject person now, on balance, more likely to accept informal support – subject person should be encouraged to live a normal life in the community and be self-reliant – revocation of financial management order consistent with subject person’s best interests – order revoked.

Catchwords:

GUARDIANSHIP – application for a guardianship order – whether a guardianship order should be made – need for accommodation decisions, health care and medical and dental consent decisions to be made – subject person prescribed major medications without consent – need for more expeditious access to NDIS and services – restrictive practices – use of chemical, environmental and mechanical restraint – suitability of private guardian – private guardian appointed – order made.

Catchwords:

GUARDIANSHIP – application for a guardianship order – subject person with oppositional defiant disorder – subject person resident in a group home – whether a guardianship order should be made – need for accommodation and services decisions to be made – subject person unable to understand medical information – need for medical and dental treatment decisions – two guardians proposed with separate functions – private guardians appointed separately – order made.

Catchwords:

GUARDIANSHIP – end-of-term review of guardianship order – whether a guardianship order should continue – subject person refusing health care – ongoing need for accommodation decisions to be made – recommendation that appropriate medical and dental reviews occur – applicant to consider whether authority be sought to override objections to treatment – Public Guardian appointed for a further six months - order made.

Catchwords:

GUARDIANSHIP – end-of-term review of a guardianship order – whether a further guardianship order should be made – subject person with an acquired brain injury – subject person prescribed major medications and has no person responsible – medications used to treat symptoms of brain injury – use of major medications not a restrictive practice - Quality of Care Principles 2014 (Cth) - National Disability Insurance Scheme (Restrictive Practices and Behaviour Support) Rules 2018 – Public Guardian appointed.

Catchwords:

GUARDIANSHIP – application for a guardianship order - restrictive practices function - whether a guardianship order should be made - practicability of services being provided without a guardianship order – subject person has chronic schizophrenia, dementia, and recently suffered a stroke – subject person resides in secure facility - use of a low lying bed – low low bed - use of a coded keypad lock system - whether restraint justified – tort of false imprisonment - use of restraint in aged care - Quality of Care Principles 2014 (Cth) - National Disability Insurance Scheme (Restrictive Practices and Behaviour Support) Rules 2018 - two federal regulatory schemes dealing with restrictive practices - "restraint" - "physical restraint" – “chemical restraint” - whether use of low low bed constitutes physical restraint – whether use of coded keypad lock system constitutes physical restraint – need for decisions to be made about consent to restrictive practices – conditions on the authorisation of restrictive practices - order made – Public Guardian appointed.

Catchwords:

GUARDIANSHIP – end-of-term review of guardianship order – purported revocation of guardianship arrangements – revocation instrument invalid and invalidly made – appointment of enduring guardian of no effect if guardianship order in place. INTERLOCUTORY – adjournment – reasonable opportunity to be heard – parties not contactable or refuse to participate – opportunity to consider late documents – hearing adjourned.

Catchwords:

GUARDIANSHIP – application for a guardianship order – subject person an in-patient in a public hospital – subject person with acquired brain injury from stroke – subject person with history of polysubstance abuse – decision-making disability to remain for the foreseeable future – need for decisions to be made in relation to accommodation, services, and consent to medical and dental treatment – suitability of proposed guardian – former de facto partner proposed as guardian – private guardian appointed – order made. FINANCIAL MANAGEMENT – application for a financial management order – decision to consent to withdrawal of the application – former dispute between the parties now resolved – consent given to withdraw application – application dismissed.

Catchwords:

REVIEW OF ENDURING GUARDIANSHIP – review of an enduring guardianship – whether enduring guardianship appointment should be revoked – whether principal’s wishes not reflected in enduring guardianship appointment – three enduring guardians appointed - enduring guardian decisions to be made by a simple majority – no decisions to be made which cannot be made under existing appointment – not in subject person’s best interests to revoke appointment – appointment confirmed. REVIEW OF ENDURING POWER OF ATTORNEY – whether the Tribunal should review the operation and effect of an enduring power of attorney – whether appointment was unworkable – principal’s resources depleted, action required to manage estate – principal successful in action brought against attorney – conflict of interest – not possible for attorney to pursue their own interests whilst pursuing interests of principal – not in the best interests of the principal that attorney remain appointed – enduring power of attorney varied – attorney removed. INTERLOCUTORY – application for an adjournment – procedural fairness – hearing rule – whether an adjournment required to allow in-person support person, and further witnesses, to attend – whether adjournment required to allow in-person support to be provided to party with ADHD - guiding principle to facilitate the just, quick, and cheap resolution of the real issues – possible for witnesses to give evidence by telephone – possible for parties to participate by telephone – opportunities for private discussion given – substitute support person provided - not unusual for hearings to be conducted by telephone – insufficient reason for adjournment – application dismissed.

Catchwords:

GUARDIANSHIP – end-of-term review of a guardianship order – whether subject person continues to have disabilities which prevent them from making important life decisions – subject person with mixed vascular and Alzheimer’s dementia - whether a further guardianship order should be made – subject person’s husband denies seriousness of subject person’s cognitive impairment – need for guardian to make health care, medical treatment, accommodation and services decisions – suitability of proposed guardian – proposed guardian not suitable – no other private guardian available - Public Guardian appointed - order made.

Catchwords:

GUARDIANSHIP – application for a guardianship order – subject person an inpatient in hospital following episode of aggression – subject person has cognitive impairment – subject person requires high level care – whether a guardianship order should be made – subject person absconding from hospital – need for accommodation decisions with authority to authorise others – no private person willing to be appointed – Public Guardian appointed – order made. FINANCIAL MANAGEMENT – application for a financial management order – whether there is a need for a financial management order – need for accommodation fees and deposit to be paid – no private person available to be appointed – NSW Trustee and Guardian appointed – order made.

Catchwords:

GUARDIANSHIP – application for a guardianship order – COVID-19 pandemic – subject person with cognitive deficits due to traumatic brain injury – subject person not complying with self-isolation requirements – subject person at risk of self-harm and homelessness - whether a guardianship order should be made – subject person supports the making of a guardianship order – need for decisions to be made about NDIS planning and services – COVID-19 function – need for medical treatment decisions to be made – accommodation function with power to authorise others – Public Guardian appointed – order made.

Catchwords:

GUARDIANSHIP – end-of-term review of guardianship order – whether a guardianship order should be made – advanced care directive invalidly made by relatives upon request from aged care facility - no longer a need for services or accommodation function – no need for medical and dental consent function with persons responsible available – family conflict – Public Guardian appointed - order made.

Catchwords:

GUARDIANSHIP – application for a guardianship order – whether a guardianship order should be made – subject person resident in aged care facility – subject person housed in secure unit and not allowed to leave – applicant was asked to sign “restraining document” for the subject person – use of chemical restraint – use of physical restraint – Part 4A of the Quality of Care Principles 2014 (Cth) – subject person prescribed major medication – need for medical and dental consent decisions to be made – need for restraint decisions to be made - appointment of a guardian would promote subject person’s welfare and interests – restraint should be used as a last resort – conditions imposed on authority to consent to restraint – consideration of cultural environment and family relationships – suitability of proposed guardian – private guardian appointed – order made.

Catchwords:

GUARDIANSHIP – application for a guardianship order – whether subject person a person for whom a guardianship order could be made - subject person detained in immigration detention since 2013, with no prospects of remaining in Australia - subject person diagnosed with major depressive order, mild neurocognitive disorder, malnutrition, at immediate risk of cardiac and major organ failure – subject person incapable of managing his own person – whether a guardianship order should be made - subject person refuses nasogastric feeding and treatment for depression – need for medical treatment decisions to be made with authority to override objections – need for accommodation decision with authority to authorise others to carry out decisions for hospital admissions – no private guardian available – Public Guardian appointed – order made.

Catchwords:

GUARDIANSHIP – application for a guardianship order – whether a guardianship order should be made - subject person living at home with family – subject person exhibiting behavioural and psychological symptoms of dementia – subject person experiencing poor memory - high level of carer stress – need for accommodation decision to be made – subject person unwilling to move to aged care - enduring guardian lacks authority to authorise others to implement accommodation decisions – need for subject person to be housed in secure unit – use of physical restraint – subject person prescribed risperidone to manage his behaviour – need for decisions about physical and chemical restraint – suitability of proposed guardian – evidence of enduring guardian appointment as indicative of subject person’s wishes – private guardian appointed – order made.

Catchwords:

GUARDIANSHIP – application for a guardianship order – subject person diagnosed alcohol-related brain disorder and frontal lobe damage – whether a guardianship order should be made – restrictive practices – “restraint” – residential aged care - right to freedom of movement and liberty – whether use of a coded keypad lock system constitutes a restrictive practice – whether use of a coded keypad lock system could amount to “total restraint” - whether restraint justified – tort of false imprisonment - guardianship functions – whether guardian should be appointed with an accommodation function or a restrictive practices function – Quality of Care Principles 2014 (Cth) – relationship between restrictive practices and Aged Care Act – guardianship order conditions – subject person an NDIS participant – need for a services function – whether placement of a bed against a wall constitutes a restraint – whether subject person requires advance care planning – order made – physical restraint function – services function – Public Guardian appointed.

Catchwords:

GUARDIANSHIP – application for a guardianship order – whether a guardianship order should be made – subject person paralysed on her right side due to stroke - use of bed rails in aged care – whether use of bed rails constitutes “physical restraint” – Quality of Care Principles 2014 (Cth) - bed rails used to prevent subject person from falling out of bed – subject person at high risk of injury should she fall out of bed – bed rails not used to control behaviour – use of bed rails not a “physical restraint” - no need for a guardian to be appointed – application dismissed.

Catchwords:

GUARDIANSHIP – application for a guardianship order – whether a guardianship order should be made – subject person has dementia and cognitive deficits – subject person is immobile - use of bed rails in aged care – whether use of bed rails constitutes “physical restraint” – Pt 4A of the Quality of Care Principles 2014 (Cth) - bed rails used to prevent subject person from falling out of bed and suffering injury – subject person at higher risk of infection and delirium – use of bed rails does not restrict subject person’s movement as subject person is immobile – use of bed rails not a “restrictive practice” – no need for a guardianship order – application dismissed.

Catchwords:

GUARDIANSHIP – application for a guardianship order – withdrawal of application – application dismissed. FINANCIAL MANAGEMENT – application for a financial management order – subject person with mixed dementia – subject person residing interstate - significant recent cognitive decline – need for NSW property to be sold to pay refundable accommodation deposit – need for management of bank accounts – suitability of proposed private manager – private manager appointed – order made.

Catchwords:

GUARDIANSHIP – application for a guardianship order – subject person with cognitive disability due to chronic alcohol abuse – subject person constantly intoxicated and never in a condition to make any rational decisions – need for decisions to be made to enable detoxification – need for accommodation decisions for admission to an aged care facility – need for others to bring accommodation decisions into effect – health care and medical and dental consent functions – joint appointment – Public Guardian appointed – private guardian appointed – order made. FINANCIAL MANAGEMENT – subject person incapable of managing his day to day expenses and meet his own needs – informal support unable to ensure subject person does not spend income on alcohol – no private person available – NSW Trustee and Guardian appointed – order made.

Catchwords:

GUARDIANSHIP – application to review operation and effect of enduring power of attorney – application for replacement of attorney unopposed – attorneys appointed on a joint and several basis – attorney made withdrawals totalling $180,000 from subject person’s account, later re-depositing them – acts apparently not in accordance with fiduciary obligations – enduring power of attorney reviewed - attorney removed and substituted – new attorney appointed on a joint and several basis.

Catchwords:

GUARDIANSHIP – application for a guardianship order – whether subject person is a person in need of a guardian – presumption of capacity not rebutted – subject person at least partially incapable of managing their person because of disability – whether a guardianship order should be made - allegations of undue influence – family conflict – increased services being received – informal supports being accepted – no benefit of guardianship to family relations – guardianship unnecessary to protect subject person from abuse, neglect or exploitation – subject person’s welfare and interests not promoted by the appointment of a guardian – application dismissed.

Catchwords:

GUARDIANSHIP – end-of-term review of guardianship order – whether a guardianship order should be made – service providers withdrawing services – need for services and accommodation functions – potential need for respite care – need for authorise others function - unwanted guests at subject person’s accommodation – need for access function – no private guardian available – Public Guardian appointed – order made.