KXE [2024] NSWCATGD 1

KXE [2024] NSWCATGD 1

Given that KXE is incapable of consenting to environmental restraint due to dementia, and BSE and OGT are suitable and willing enduring guardians, it is appropriate to vary their appointment to include the function to consent to restrictive practices (environmental restraint) with safeguards, and unnecessary to appoint a separate guardian.

Jurisdiction
Australia
Judgment Date
02 February 2024
Procedural Posture
Guardianship; Own Motion Review of Appointment of Enduring Guardian / Hearing and Final Decision
Outcome
Guardianship application dismissed; appointment of enduring guardians varied to add restrictive practice function
Legal Topics
['appointment of Guardian' 'review/variation of Enduring Guardianship' 'restrictive Practices' 'environmental Restraint' 'capacity and Consent']
['guardianship' 'elder Law' 'disability Law'] ['appointment of Guardian' 'review/variation of Enduring Guardianship' 'restrictive Practices' 'environmental Restraint' 'capacity and Consent']

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Procedural Posture

Guardianship; Own Motion Review of Appointment of Enduring Guardian / Hearing and Final Decision

Legal Issues

  1. 1 ['Whether to appoint a guardian for KXE' 'Whether to vary the functions of enduring guardians to permit consent to restrictive practices (environmental restraint)']

Ratio Decidendi

Given that KXE is incapable of consenting to environmental restraint due to dementia, and BSE and OGT are suitable and willing enduring guardians, it is appropriate to vary their appointment to include the function to consent to restrictive practices (environmental restraint) with safeguards, and unnecessary to appoint a separate guardian.

Court Disposition

Guardianship application dismissed; appointment of enduring guardians varied to add restrictive practice function

Orders

  • ['Application to appoint a guardian is dismissed after hearing.' 'The functions of the enduring guardian appointment made by KXE on 11 August 2023 are varied to give the enduring guardians the additional function of consenting to the use of restrictive practices (environmental restraint) subject to specified...