BQM [2019] NSWCATGD 1

BQM [2019] NSWCATGD 1

The tribunal found BQM is in need of a guardian due to her intellectual disability and inability to make important life decisions. A guardianship order with specified authority for restrictive practices and medical decision making is required to ensure her safety, welfare, and interests. QAM is suitable as guardian and the order should be limited to 12 months due to current uncertainties in accommodation and support planning.

Parties
Person Under Guardianship: BQM; Applicant/guardian: QAM; Interested Party: Public Guardian
Jurisdiction
Australia
Judgment Date
21 January 2019
Procedural Posture
Guardianship Application / Hearing and Final Determination
Outcome
guardianship order made
Legal Topics
Guardianship Order, Restrictive Practices, Appointment of Guardian, Authority to Override Medical Objection
Guardianship Disability Law Guardianship Order Restrictive Practices Appointment of Guardian Authority to Override Medical Objection

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Parties

BQM

Person Under Guardianship

QAM

Applicant/guardian

Public Guardian

Interested Party

Procedural Posture

Guardianship Application / Hearing and Final Determination

Legal Issues

  1. 1 Whether BQM is a person in need of a guardian due to disability
  2. 2 Whether a guardianship order should be made and its terms
  3. 3 What restrictive practices should be authorised under the order

Ratio Decidendi

The tribunal found BQM is in need of a guardian due to her intellectual disability and inability to make important life decisions. A guardianship order with specified authority for restrictive practices and medical decision making is required to ensure her safety, welfare, and interests. QAM is suitable as guardian and the order should be limited to 12 months due to current uncertainties in accommodation and support planning.

Court Disposition

guardianship order made

Orders

  • A guardianship order is made for BQM.
  • QAM is appointed as the guardian.