FQM [2016] NSWCATGD 19

FQM [2016] NSWCATGD 19

Ms FQM had a disability preventing her from making important life decisions, including chronic alcohol dependence, bipolar disorder and cognitive impairment suggestive of alcohol related brain damage. Her circumstances had changed since the earlier dismissal of guardianship: she had sold her unit, could not move to the proposed aged care facility, faced homelessness, was in appalling self-neglect, was urgently in need of treatment, and informal supports and services were not practicable without an order. No private person was available to act as guardian, so the Public Guardian was appointed for a short period with accommodation, medical and dental treatment, services, and coercive...

Jurisdiction
Australia
Judgment Date
18 February 2016
Procedural Posture
Urgent Application for a Guardianship Order / Hearing and Decision on 18 February 2016
Outcome
Guardianship order made; Public Guardian appointed for 3 months.
Legal Topics
['urgent Guardianship Application' 'capacity to Make Important Life Decisions' 'alcohol Related Brain Damage' 'accommodation Decisions' 'medical and Dental Treatment Decisions' 'services Decisions' 'appointment of Public Guardian']
['guardianship'] ['urgent Guardianship Application' 'capacity to Make Important Life Decisions' 'alcohol Related Brain Damage' 'accommodation Decisions' 'medical and Dental Treatment Decisions' 'services Decisions' 'appointment of Public Guardian']

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Procedural Posture

Urgent Application for a Guardianship Order / Hearing and Decision on 18 February 2016

Legal Issues

  1. 1 ['Whether the hearing should proceed in the absence of Ms FQM.' 'Whether Ms FQM had a disability which prevented her from being able to make important life decisions.' 'Whether a guardianship order should be made and what functions should be included.' 'Who should be appointed as guardian.' 'How long the guardianship order should last.']

Ratio Decidendi

Ms FQM had a disability preventing her from making important life decisions, including chronic alcohol dependence, bipolar disorder and cognitive impairment suggestive of alcohol related brain damage. Her circumstances had changed since the earlier dismissal of guardianship: she had sold her unit, could not move to the proposed aged care facility, faced homelessness, was in appalling self-neglect, was urgently in need of treatment, and informal supports and services were not practicable without an order. No private person was available to act as guardian, so the Public Guardian was appointed for a short period with accommodation, medical and dental treatment, services, and coercive...

Court Disposition

Guardianship order made; Public Guardian appointed for 3 months.

Orders

  • ["The Public Guardian was appointed as Ms FQM's guardian for a period of three months to make decisions on her behalf about accommodation, including authorising others, medical and dental treatment, and services which she should receive." 'The guardianship order is to be reviewed concurrently with the financial...