OKM [2023] NSWCATGD 2

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: OKM [2023] NSWCATGD 2 Hearing dates: 10 February 2023 Date of orders: 10 February 2023 Decision date: 10 February 2023 Jurisdiction: Guardianship Division Before: S Roushan, Senior Member (Legal) Dr J Law, Senior Member (Professional) D R Sword, General Member (Community) Decision: Guardianship 1. A guardianship order is made for OKM. 2. The Public Guardian is appointed as the guardian. 3. This is a continuing guardianship order for a period of six weeks from 10 February 2023. 4. This is a limited guardianship order giving the guardian(s) custody of OKM to the extent necessary to carry out the functions below. FUNCTIONS: 5. The guardian has the following functions: a) Access To decide what access OKM has to others and the conditions of access. b) Accommodation To decide where OKM may reside. c) The guardian may authorise others including members of NSW Police and the Ambulance Service of NSW to: i) take OKM to a place approved by the guardian. ii) keep her at that place. iii) return her to that place should she leave it. d) Health care To decide what health care OKM may receive. e) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where OKM is not capable of giving a valid consent. f) Services To make decisions about services to be provided to OKM. CONDITIONS: 6. The condition of this order is: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring OKM to an understanding of the issues and to obtain and consider her views before making significant decisions. Financial Management Today's hearing is adjourned to a day to be confirmed by the registry. Catchwords: GUARDIANSHIP – application for a guardianship order – whether a guardianship order should be made – subject person with intellectual disability – subject person resides with spouse – evidence of coercive control in the relationship – decisions not currently made in the subject person's best interests – need for decisions to be made about access, health care, medical and dental consent, and services – accommodation function with power to authorise others – no private person suitable to be appointed – Public Guardian appointed – six week reviewable order made Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 36(1), 45(1)(a), 45(1)(b)(i)-(ii), cl 5(1) of Sch 6 Guardianship Act 1987 (NSW), ss 3(1)-(2), 4,14, 14(2), 15(3) Cases Cited: C S and M Y v the Guardianship Tribunal and the Public Guardian (Supreme Court (NSW), Windeyer J, 29 November 1999, unrep) IF v IG [2004] NSWADTAP 3 P v NSW Trustee and Guardian [2015] NSWSC 579 Re B [2011] NSWSC 1075 ZBC v ZBD [2016] NSWCATAP 264 Texts Cited: None cited. Category: Principal judgment Parties: 003: Guardianship Application