EKX [2020] NSWCATGD 49

EKX [2020] NSWCATGD 49

There was no new evidence to dispute the previous finding that EKX had schizophrenia and was at least partially incapable of managing as a person. Given the ongoing issues about where EKX should live and his need for access to health care that he was refusing, a further limited guardianship order for accommodation, health care and medical/dental consent was necessary, and in the absence of an alternative the Public Guardian was reappointed for six months.

Jurisdiction
Australia
Judgment Date
09 July 2020
Procedural Posture
Review of Guardianship Order / End of Term Review of Guardianship Order
Outcome
The guardianship order for EKX made on 16 July 2019 was reviewed and a further limited continuing guardianship order was made appointing the Public Guardian for six months from 9 July 2020.
Legal Topics
['continuing Guardianship Order' 'accommodation Decisions' 'health Care Decisions' 'medical and Dental Consent' 'objections to Treatment' 'public Guardian']
['guardianship'] ['continuing Guardianship Order' 'accommodation Decisions' 'health Care Decisions' 'medical and Dental Consent' 'objections to Treatment' 'public Guardian']

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Procedural Posture

Review of Guardianship Order / End of Term Review of Guardianship Order

Legal Issues

  1. 1 ['Whether EKX continued to have a disability which prevented him from being able to make some important life decisions.' 'Whether a new guardianship order should be made and, if so, what order should be made.' 'Who should be the guardian.' 'How long the order should last.']

Ratio Decidendi

There was no new evidence to dispute the previous finding that EKX had schizophrenia and was at least partially incapable of managing as a person. Given the ongoing issues about where EKX should live and his need for access to health care that he was refusing, a further limited guardianship order for accommodation, health care and medical/dental consent was necessary, and in the absence of an alternative the Public Guardian was reappointed for six months.

Court Disposition

The guardianship order for EKX made on 16 July 2019 was reviewed and a further limited continuing guardianship order was made appointing the Public Guardian for six months from 9 July 2020.

Orders

  • ['The Public Guardian is appointed as the guardian.' 'This is a continuing guardianship order for a period of six months from 9 July 2020.' 'This is a limited guardianship order giving the guardian(s) custody of EKX to the extent necessary to carry out the specified functions.' 'The guardian has the function of...