KFT [2022] NSWCATGD 19

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: KFT [2022] NSWCATGD 19 Hearing dates: 26 August 2022 Date of orders: 26 August 2022 Decision date: 26 August 2022 Jurisdiction: Guardianship Division Before: S Barnes, Senior Member (Legal) L Houlahan, Senior Member (Professional) Dr S Barnes, General Member (Community) Decision: 1. A guardianship order is made for KFT. 2. The Public Guardian is appointed as the guardian. 3. This is a continuing guardianship order for a period of six weeks from 26 August 2022. 4. This is a limited guardianship order giving the guardian(s) custody of KFT to the extent necessary to carry out the functions below. FUNCTIONS: 5. The guardian has the following functions: a) Accommodation To decide where KFT may reside. b) The guardian may authorise others including members of NSW Police and the Ambulance Service of NSW to: i) take KFT 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 KFT may receive. d) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where KFT is not capable of giving a valid consent. e) Services To make decisions about services to be provided to KFT. AUTHORITY: 6. The guardian has the following authority: a) Authority to override objections to medical treatment i) The guardian may override the objection of KFT 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 KFT 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 seeking to leave hospital against medical advice – subject person suffered a traumatic brain injury with severe brain bleeding – severe cognitive impairment – need for consent to medical treatment with authority to override objections – need for accommodation decisions with authority for others to bring accommodation decisions into effect – need for health care and services decisions – no private guardian available – Public Guardian appointed – six week reviewable order made. Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)–(2), 4, 14(1)–(2), 46A Cases Cited: None cited. Texts Cited: None cited. Category: Principal judgment Parties: 001: Guardianship Application