TZN [2020] NSWCATGD 64

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: TZN [2020] NSWCATGD 64 Hearing dates: 10 July 2020 Date of orders: 10 July 2020 Decision date: 10 July 2020 Jurisdiction: Guardianship Division Before: B L Adamovich, Senior Member (Legal) E Love, Senior Member (Professional) R M Fela, General Member (Community) Decision: 1. A guardianship order is made for TZN. 2. The Public Guardian is appointed as the guardian. 3. This is a continuing guardianship order for a period of two years from 10 July 2020. 4. This is a limited guardianship order giving the guardian(s) custody of TZN to the extent necessary to carry out the functions below. FUNCTIONS: 5. The guardian has the following functions: a) Health care To decide what health care TZN may receive. b) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where TZN is not capable of giving a valid consent. c) Services To make decisions about services to be provided to TZN. d) Restrictive Practices To give or withhold consent as to whether the following restrictive practices should be used to influence TZN's behaviour: 1. Physical restraint AUTHORITY: 6. The guardian has the following authorities: a) Authority to override objections to medical treatment i) The guardian may override the objection of TZN to major or minor medical treatment. CONDITIONS: 7. The conditions of this order are: a) Standard Condition In exercising this role, the guardian shall take all reasonable steps to bring TZN to an understanding of the issues and to obtain and consider his views before making significant decisions. b) Restrictive Practices Condition The guardian(s) may only consent to the use of the types of restrictive practices permitted under this order to influence TZN's behaviour: (i) as a last resort to prevent TZN harming himself or others; and (ii) in accordance with a behaviour support plan which has been developed by a behaviour support practitioner after having conducted a functional behavioural assessment upon TZN, and which is reviewed regularly (and no less than every 12 months) and/or reviewed as soon as practicable if there is a change in circumstances which requires the plan to be amended. 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 Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14, 14(2) 15(3) Cases Cited: IF v IG [2004] NSWADTAP 3 Texts Cited: Nil Category: Principal judgment Parties: 004: Guardianship Application