QBU [2018] NSWCATGD 33

QBU [2018] NSWCATGD 33

Given QBU's delirium caused by bacteraemia and consequent incapacity for important health and personal decisions, and the urgent risk to his welfare, it was lawful and appropriate for the Tribunal to proceed without notice, appoint the Public Guardian as guardian for 30 days with specified decision-making powers, to protect QBU's welfare and interests as the paramount consideration.

Jurisdiction
Australia
Judgment Date
19 November 2018
Procedural Posture
Guardianship Application / Determination Following Urgent Application; Interlocutory Guardianship Order
Outcome
Guardianship order made appointing the Public Guardian for 30 days without review; guardian given specified decision-making functions.
Legal Topics
['urgent Guardianship Orders' 'procedural Fairness' 'natural Justice' 'capacity Assessment' 'appointment of Public Guardian']
['guardianship' 'health Law' 'administrative Law'] ['urgent Guardianship Orders' 'procedural Fairness' 'natural Justice' 'capacity Assessment' 'appointment of Public Guardian']

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Procedural Posture

Guardianship Application / Determination Following Urgent Application; Interlocutory Guardianship Order

Legal Issues

  1. 1 ['Whether the Tribunal can proceed without notice to the subject of the application due to urgency' 'Whether QBU has impaired decision-making capacity justifying a guardianship order' 'What decision making functions the guardian should have' 'Appropriate duration of the guardianship order' 'Who should be appointed as guardian']

Ratio Decidendi

Given QBU's delirium caused by bacteraemia and consequent incapacity for important health and personal decisions, and the urgent risk to his welfare, it was lawful and appropriate for the Tribunal to proceed without notice, appoint the Public Guardian as guardian for 30 days with specified decision-making powers, to protect QBU's welfare and interests as the paramount consideration.

Court Disposition

Guardianship order made appointing the Public Guardian for 30 days without review; guardian given specified decision-making functions.

Orders

  • ['A guardianship order is made for QBU.' 'The Public Guardian is appointed as the guardian.' 'This is a continuing guardianship order for a period of 30 days from 19 November 2018.' 'This order will not be reviewed at the end of the period.' 'This is a limited guardianship order giving the guardian custody of QBU as...