BKO [2022] NSWCATGD 21

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BKO [2022] NSWCATGD 21 Hearing dates: 11 September 2022 Date of orders: 11 September 2022 Decision date: 11 September 2022 Jurisdiction: Guardianship Division Before: L Organ, Senior Member (Legal) E Love, Senior Member (Professional) J Le Breton, General Member (Community) Decision: 1. A guardianship order is made for BKO. 2. The Public Guardian is appointed as the guardian. 3. This is a continuing guardianship order for a period of four weeks from 11 September 2022. 4. This is a limited guardianship order giving the guardian(s) custody of BKO to the extent necessary to carry out the functions below. FUNCTIONS: 5. The guardian has the following functions: a) Accommodation To decide where BKO may reside. b) The guardian may authorise others including members of NSW Police and the Ambulance Service of NSW to: i) take BKO 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 BKO may receive. d) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where BKO is not capable of giving a valid consent. AUTHORITY: 6. The guardian has the following authority: a) Authority to override objections to medical treatment i) The guardian may override the objection of BKO 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 BKO 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 – hearing with limited or no notice to the parties – hearing proceeding in the absence of the subject person – risk outweighed lack of notice – subject person refusing treatment due to delusional beliefs – need for medical treatment decisions to be made with authority to override objections – Public Guardian appointed – four week reviewable guardianship order made. Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)–(2), 4, 4(g), 10, 14, 14(2), 15(3), 46A Cases Cited: None cited. Texts Cited: None cited. Category: Principal judgment Parties: 001: Guardianship Application