KGK [2023] NSWCATGD 14

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: KGK [2023] NSWCATGD 14 Hearing dates: 16 August 2023 Date of orders: 16 August 2023 Decision date: 16 August 2023 Jurisdiction: Guardianship Division Before: EM Connor, Senior Member (Legal) AM Matheson, Senior Member (Professional) Professor M McDaniel, General Member (Community) Decision: 1. A guardianship order is made for KGK. 2. The Public Guardian is appointed as the guardian. 3. This is a continuing guardianship order for a period of 12 months from 16 August 2023. 4. This is a limited guardianship order giving the guardian(s) custody of KGK to the extent necessary to carry out the functions below. FUNCTIONS: 5. The guardian has the following functions: a) Accommodation To decide where KGK may reside. b) The guardian may authorise others including members of NSW Police and the Ambulance Service of NSW to: i) take KGK to a place approved by the guardian. ii) keep her at that place. iii) return her to that place should she leave it. c) Health care To decide what health care KGK may receive. d) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where KGK is not capable of giving a valid consent. e) Services To make decisions about services to be provided to KGK. AUTHORITY: 6. The guardian has the following authority: a) Authority to override objections to medical treatment i) The guardian may override the objection of KGK 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 KGK to an understanding of the issues and to obtain and consider her views before making significant decisions. Catchwords: GUARDIANSHIP – application for a guardianship order – whether subject person is a person in need of a guardian – subject person with paranoid personality and ideas – refusal to comply with recommended treatment of leg ulcers – whether subject person has a disability – interpretation of s 3(2) of the Guardianship Act 1987 – meaning of the words 'otherwise disabled' – finding that the subject person has a disability – need for medical and dental consent decisions – need for accommodation, healthcare and services decisions – authority to override objections to medical treatment – no private person available to be appointed – Public Guardian appointed – order made Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14, 14(2), 15(3), 46A Cases Cited: IF v IG [2004] NSWADTAP 3 OE v OF [2009] NSWADTAP 60 Texts Cited: None cited. Category: Principal judgment Parties: 001: Guardianship Application