NGT [2019] NSWCATGD 2

NGT [2019] NSWCATGD 2

NGT is a person in need of a guardian due to intellectual disability and schizophrenia, making him incapable of important personal decisions. The restrictive practice of locking tea and coffee is an environmental restraint, requiring informed consent. SZD is suitable and willing to act as private guardian with authority over this restrictive practice, and a 12-month limited guardianship order is appropriate.

Jurisdiction
Australia
Judgment Date
21 January 2019
Procedural Posture
Guardianship Application / Hearing and Determination
Outcome
Guardianship order made; SZD appointed as guardian with authority for specified restrictive practices for 12 months.
Legal Topics
['appointment of Private Guardian' 'restrictive Practices' 'environmental Restraint' 'ndis Consent Requirements']
['guardianship' 'disability Law'] ['appointment of Private Guardian' 'restrictive Practices' 'environmental Restraint' 'ndis Consent Requirements']

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Procedural Posture

Guardianship Application / Hearing and Determination

Legal Issues

  1. 1 ['Whether NGT is a person in need of a guardian under the Guardianship Act 1987 (NSW)' 'Whether a guardianship order should be made' 'What type of guardianship order and restrictive practice authority is appropriate' 'Who should be appointed as guardian' 'Duration of the order']

Ratio Decidendi

NGT is a person in need of a guardian due to intellectual disability and schizophrenia, making him incapable of important personal decisions. The restrictive practice of locking tea and coffee is an environmental restraint, requiring informed consent. SZD is suitable and willing to act as private guardian with authority over this restrictive practice, and a 12-month limited guardianship order is appropriate.

Court Disposition

Guardianship order made; SZD appointed as guardian with authority for specified restrictive practices for 12 months.

Orders

  • ['A guardianship order is made for NGT.' 'SZD is appointed as the guardian.' 'This is a continuing guardianship order for 12 months from 21 January 2019.' 'This is a limited guardianship order giving the guardian custody of NGT to the extent necessary to carry out specified functions.' "The guardian may make...