FBI [2014] NSWCATGD 2

FBI [2014] NSWCATGD 2

The Tribunal was satisfied on the balance of probabilities that Mrs FBI suffered a disability, at least in part, within s 3(2) of the Guardianship Act 1987 (NSW), affecting her ability to make informed life-style decisions, as demonstrated by cognitive indicators, lack of insight, refusal of ACAT assessment and services, repeated hospital presentations, and risk associated with self-discharge. A temporary order was necessary because decisions about accommodation and health care needed to be made urgently, coercive accommodation powers were required to prevent absconding or self-discharge, and no suitable family member was available to act temporarily; therefore, under s 17(4), the Public...

Jurisdiction
Australia
Judgment Date
10 January 2014
Procedural Posture
Application for Guardianship Order / After Hours Hearing; Temporary Guardianship Order Made
Outcome
Temporary guardianship order made for a period of 14 days; Public Guardian appointed with accommodation, including additional authority to authorise others, and health care functions.
Legal Topics
['temporary Guardianship Order' 'disability and Incapacity' 'accommodation Decisions' 'health Care Decisions' 'coercive Powers' 'refusal of Treatment and Services' 'self Discharge From Hospital']
['guardianship' 'health Law'] ['temporary Guardianship Order' 'disability and Incapacity' 'accommodation Decisions' 'health Care Decisions' 'coercive Powers' 'refusal of Treatment and Services' 'self Discharge From Hospital']

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Procedural Posture

Application for Guardianship Order / After Hours Hearing; Temporary Guardianship Order Made

Legal Issues

  1. 1 ['Whether Mrs FBI suffers a disability as defined in the Guardianship Act 1987 (NSW).' 'Whether the Tribunal should make a guardianship order and, if so, what order should be made.' 'Who should be appointed as guardian.' 'How long the order should last.' 'What decision-making functions should be attached to the order.']

Ratio Decidendi

The Tribunal was satisfied on the balance of probabilities that Mrs FBI suffered a disability, at least in part, within s 3(2) of the Guardianship Act 1987 (NSW), affecting her ability to make informed life-style decisions, as demonstrated by cognitive indicators, lack of insight, refusal of ACAT assessment and services, repeated hospital presentations, and risk associated with self-discharge. A temporary order was necessary because decisions about accommodation and health care needed to be made urgently, coercive accommodation powers were required to prevent absconding or self-discharge, and no suitable family member was available to act temporarily; therefore, under s 17(4), the Public...

Court Disposition

Temporary guardianship order made for a period of 14 days; Public Guardian appointed with accommodation, including additional authority to authorise others, and health care functions.

Orders

  • ['Temporary guardianship order made under s 14 of the Guardianship Act 1987 (NSW) for a period of fourteen days.' 'The Public Guardian appointed as guardian for Mrs FBI.' 'The Public Guardian may make decisions for Mrs FBI in respect of accommodation, with coercive powers, and healthcare.']