EKX [2020] NSWCATGD 49

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EKX [2020] NSWCATGD 49 Hearing dates: 9 July 2020 Date of orders: 9 July 2020 Decision date: 09 July 2020 Jurisdiction: Guardianship Division Before: J C Simpson, Senior Member (Legal) Decision: The guardianship order for EKX made on 16 July 2019 has been reviewed. The order now is as follows: 1. The Public Guardian is appointed as the guardian. 2. This is a continuing guardianship order for a period of six months from 9 July 2020. 3. This is a limited guardianship order giving the guardian(s) custody of EKX to the extent necessary to carry out the functions below. FUNCTIONS: 4. The guardian has the following functions: a) Accommodation To decide where EKX may reside. b) Health care To decide what health care EKX may receive. c) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where EKX is not capable of giving a valid consent. CONDITION: 5. The condition of this order is: Standard Condition In exercising this role the guardian shall take all reasonable steps to bring EKX to an understanding of the issues and to obtain and consider their views before making significant decisions. RECOMMENDATION: 6. The Tribunal recommends: The guardian should seek to ensure appropriate medical and dental reviews occur, clarify what treatments EKX needs and decide whether an application should be made for the guardian to have authority to override EKX's objections to treatment. 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. Legislation Cited: Nil Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: 002: Review of Guardianship Order