NBF [2017] NSWCATGD 7

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NBF [2017] NSWCATGD 7 Hearing dates: 10 May 2017 Date of orders: 10 May 2017 Decision date: 10 May 2017 Jurisdiction: Guardianship Division Before: J Simpson, Senior Member (Legal) Dr B McPhee, Senior Member (Professional) J Koussa, General Member (Community) Decision: 1. A guardianship order is made in respect of Ms NBF. 2. Mrs CMX is appointed as the guardian. 3. This is a continuing guardianship order for a period of 6 months from the date of this order. 4. This is a limited guardianship order giving the guardian custody of Ms NBF to the extent necessary to carry out the functions below.

FUNCTIONS

5. The guardian has the following functions: a) Accommodation - To decide where Ms NBF may reside. The guardian may authorise others including members of NSW Police and the Ambulance Service of NSW to:- i) take Ms NBF to a place approved by the guardian; ii) keep her at that place; and iii) return her to that place should she leave it. b) Health Care - To decide what health care Ms NBF may receive. c) Medical and Dental Consent - To make substitute decisions about proposed minor or major medical or dental treatment where Ms NBF is not capable of giving a valid consent. d) Services - To make decisions about services to be provided to Ms NBF. CONDITIONS 6. The conditions of this order are: a) In exercising this role, the guardian shall take all reasonable steps to bring Ms NBF to an understanding of the issues and to obtain and consider her views before making significant decisions. Catchwords: GUARDIANSHIP – application for a guardianship order – involuntary patient – need for order – family member appointed as guardian Legislation Cited: Guardianship Act 1987 (NSW), ss 15(3), 17(1) Mental Health Act 2007 (NSW) Category: Principal judgment Parties: Ms NBF (subject person) Ms OPB (applicant) The NSW Public Guardian File Number(s): 65574 Publication restriction: Decisions of the Guardianship Division of the Civil and Administrative Tribunal have been anonymised to remove any information that may identify any person involved in the Tribunal's proceedings (s 65, Civil and Administrative Tribunal Act 2013 (NSW)).