KWT [2024] NSWCATGD 11

KWT [2024] NSWCATGD 11

The EGA was varied to add a restrictive practices function because KWT lacks capacity, her welfare and safety require restrictive practices, and BCJ and Mr Z are suitable, willing, and able to perform the function consistent with the relevant statutory principles and requirements.

Parties
Person Subject to Guardianship: KWT; Applicant: FZS; Enduring Guardian and Spouse: BCJ; Interested Party: NSW Trustee and Guardian; Interested Party: NSW Public Guardian
Jurisdiction
Australia
Judgment Date
21 May 2024
Procedural Posture
Review of Enduring Guardianship / Final Hearing and Orders
Outcome
Enduring guardianship instrument varied to include a restrictive practices function subject to specified conditions.
Legal Topics
Enduring Guardianship, Restrictive Practices, Aged Care, Alzheimer's Disease, Consent to Restrictive Practices
Guardianship Aged Care Law Enduring Guardianship Restrictive Practices Aged Care Alzheimer's Disease Consent to Restrictive Practices

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Parties

KWT

Person Subject to Guardianship

FZS

Applicant

BCJ

Enduring Guardian and Spouse

NSW Trustee and Guardian

Interested Party

NSW Public Guardian

Interested Party

Procedural Posture

Review of Enduring Guardianship / Final Hearing and Orders

Legal Issues

  1. 1 Whether the enduring guardianship appointment should be varied to include a restrictive practices function
  2. 2 Whether BCJ and Mr Z are suitable to exercise this function
  3. 3 Appropriate scope and conditions for restrictive practices authority

Ratio Decidendi

The EGA was varied to add a restrictive practices function because KWT lacks capacity, her welfare and safety require restrictive practices, and BCJ and Mr Z are suitable, willing, and able to perform the function consistent with the relevant statutory principles and requirements.

Court Disposition

Enduring guardianship instrument varied to include a restrictive practices function subject to specified conditions.

Orders

  • The functions of the enduring guardian are varied to include restrictive practices for KWT.
  • The enduring guardian(s) may only consent to restrictive practices if permitted by the order to influence KWT's behaviour, as a last resort to prevent harm to KWT or others, in the least restrictive form and for the shortest necessary time, after consideration of likely impact, and in accordance with a behaviour...