TZD [2021] NSWCATGD 14

TZD [2021] NSWCATGD 14

TZD had advanced cognitive impairment from dementia that restricted his capacity to manage his person and make lifestyle decisions, so he was a person for whom a guardianship order could be made. Quetiapine used to treat psychotic symptoms could be consented to by DAJ as person responsible, but when used primarily to control behaviour it was chemical restraint requiring substitute consent. A limited guardianship order with a restrictive practices function and safeguards was necessary and in TZD's best interests, and DAJ was suitable to be appointed as private guardian for 12 months. The medical treatment application was dismissed because ENQ withdrew it and Tribunal consented.

Jurisdiction
Australia
Judgment Date
16 July 2021
Procedural Posture
Guardianship Application and Application for Consent to Medical Treatment / Final Decision
Outcome
Application for consent to medical treatment dismissed after withdrawal; guardianship order made for TZD appointing DAJ as guardian for 12 months with a restrictive practices function limited to chemical restraint.
Legal Topics
['guardianship Order' 'consent to Medical Treatment' 'restrictive Practices' 'chemical Restraint' 'use of Restraint in Aged Care' 'private Guardian Appointment']
['guardianship' 'health Law' 'aged Care'] ['guardianship Order' 'consent to Medical Treatment' 'restrictive Practices' 'chemical Restraint' 'use of Restraint in Aged Care' 'private Guardian Appointment']

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Procedural Posture

Guardianship Application and Application for Consent to Medical Treatment / Final Decision

Legal Issues

  1. 1 ['Whether TZD was a person for whom the Tribunal could make a guardianship order because he had a disability preventing him from making important life decisions.' 'Whether a guardianship order should be made and what functions and conditions should be included.' "Whether the use of Quetiapine to manage TZD's behaviour amounted to chemical restraint requiring substitute consent." 'Who should be appointed as guardian.' 'How long the guardianship order should last.' 'Whether the application for consent to medical treatment should be dismissed after withdrawal.']

Ratio Decidendi

TZD had advanced cognitive impairment from dementia that restricted his capacity to manage his person and make lifestyle decisions, so he was a person for whom a guardianship order could be made. Quetiapine used to treat psychotic symptoms could be consented to by DAJ as person responsible, but when used primarily to control behaviour it was chemical restraint requiring substitute consent. A limited guardianship order with a restrictive practices function and safeguards was necessary and in TZD's best interests, and DAJ was suitable to be appointed as private guardian for 12 months. The medical treatment application was dismissed because ENQ withdrew it and Tribunal consented.

Court Disposition

Application for consent to medical treatment dismissed after withdrawal; guardianship order made for TZD appointing DAJ as guardian for 12 months with a restrictive practices function limited to chemical restraint.

Orders

  • ['The application for consent to medical treatment is dismissed because ENQ has withdrawn the application and the Tribunal consents.' 'A guardianship order is made for TZD.' 'DAJ, of [Address removed for publication], is appointed as the guardian.' 'This is a continuing guardianship order for a period of 12 months...