KCB [2020] NSWCATGD 56

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: KCB [2020] NSWCATGD 56 Hearing dates: 17 June 2020 Date of orders: 17 June 2020 Decision date: 17 June 2020 Jurisdiction: Guardianship Division Before: J Moir, Senior Member (Legal) J McAuliffe, Senior Member (Professional) I Ferreira, General Member (Community) Decision: The guardianship order for KCB made on 17 January 2020 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 12 months from 17 January 2020. 3. This is a limited guardianship order giving the guardian custody of KCB to the extent necessary to carry out the functions below. FUNCTIONS: 4. The guardian has the following functions: a) Accommodation To decide where KCB may reside. b) The guardian may authorise others including members of NSW Police and the Ambulance Service of NSW to: i) take KCB to a place approved by the guardian. ii) keep them at that place. iii) return them to that place should they leave it. c) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where KCB is not capable of giving a valid consent. d) Services To make decisions about services to be provided to KCB. AUTHORITY: 5. The guardian has the following authority: a) Authority to override objections to medical treatment i) The guardian may override the objection of KCB to major or minor medical treatment. CONDITION: 6. The condition of this order is: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring KCB to an understanding of the issues and to obtain and consider their views before making significant decisions. 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. Legislation Cited: Guardianship Act 1987 (NSW), ss 4, 14(2) Cases Cited: IF v IG [2004] NSWADTAP 3 Texts Cited: Nil Category: Principal judgment Parties: 005: Requested Review of Guardianship Order