NBT [2021] NSWCATGD 2

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NBT [2021] NSWCATGD 2 Hearing dates: 12 January 2021 Date of orders: 12 January 2021 Decision date: 12 January 2021 Jurisdiction: Guardianship Division Before: J Moir, Senior Member (Legal) Dr S Williams, Senior Member (Professional) L Stewart, General Member (Community) Decision: 1. A guardianship order is made for NBT. 2. QZT of [Address removed for publication.] is appointed as the guardian. 3. This is a continuing guardianship order for a period of 12 months from 12 January 2021. 4. This is a limited guardianship order giving the guardian custody of NBT to the extent necessary to carry out the functions below. FUNCTIONS: 5. The guardian has the following functions: a) Accommodation To decide where NBT may reside. b) The guardian may authorise others including members of NSW Police and the Ambulance Service of NSW to: i) take NBT to a place approved by the guardian. ii) keep him at that place. iii) return him to that place should he leave it. c) Health care To decide what health care NBT may receive. d) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where NBT is not capable of giving a valid consent. e) Restrictive Practices To give or withhold consent as to whether the following restrictive practices should be used to influence NBT's behaviour: 1. Chemical restraint 2. Physical restraint CONDITIONS: 6. The conditions of this order are: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring NBT to an understanding of the issues and to obtain and consider his views before making significant decisions. b) Restrictive Practices Condition The guardian may only consent to the use of the types of restrictive practices permitted under this order to influence NBT's behaviour: (i) as a last resort to prevent NBT harming himself or others; and (ii) in accordance with a care and services plan that incorporates: i. the behaviours that are relevant to the need for restraint; ii. reasons why the restraint is necessary; iii. the alternatives to restraint that have been used (if any); and iv. provision for review, including by an appropriate medical specialist/s. 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. Legislation Cited: Aged Care Act 1997 (Cth) Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14, 14(2), 15(3), 17(1) Quality of Care Principles 2014 (Cth), ss 4, 15F, 15G Cases Cited: IF v IG [2004] NSWADTAP 3 JFL [2020] NSWCATGD 36 SZH [2020] NSWCATGD 28 VZM [2020] NSWCATGD 25 Texts Cited: Nil Category: Principal judgment Parties: 001: Guardianship Application