BNT [2022] NSWCATGD 18

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BNT [2022] NSWCATGD 18 Hearing dates: 14 July 2022 Date of orders: 14 July 2022 Decision date: 14 July 2022 Jurisdiction: Guardianship Division Before: L Organ, Senior Member (Legal) M Bain, Senior Member (Professional) L Stewart, General Member (Community) Decision: 1. A guardianship order is made for BNT. 2. The Public Guardian is appointed as the guardian. 3. This is a continuing guardianship order for a period of four weeks from 14 July 2022. 4. This is a limited guardianship order giving the guardian(s) custody of BNT to the extent necessary to carry out the functions below. FUNCTIONS: 5. The guardian has the following functions: a) Accommodation To decide where BNT may reside. b) The guardian may authorise others including members of NSW Police and the Ambulance Service of NSW to: i) take BNT 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 BNT may receive. d) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where BNT is not capable of giving a valid consent. e) Services To make decisions about services to be provided to BNT. AUTHORITIES: 6. The guardian has the following authorities: a) Authority to override objections to medical treatment i) The guardian may override the objection of BNT to major or minor medical treatment. CONDITION: 7. The condition of this order is: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring BNT to an understanding of the issues and to obtain and consider his views before making significant decisions. 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. Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)–(2), 4, 10, 14(1)–(2), 46A, 46A(2) Cases Cited: None cited. Texts Cited: None cited. Category: Principal judgment Parties: 001: Guardianship Application