CKH [2021] NSWCATGD 18

CKH [2021] NSWCATGD 18

CKH has cognitive impairment preventing management of his person and decision-making; a guardianship order with specified functions and conditions is required to protect his interests and comply with statutory requirements for accommodation, health care, medical/dental consent, and restrictive practices.

Jurisdiction
Australia
Judgment Date
16 July 2021
Procedural Posture
Guardianship Application / Final Orders
Outcome
Guardianship order made for CKH; Public Guardian appointed; limited continuing order for 12 months with specific functions and conditions.
Legal Topics
['guardianship Order' 'restrictive Practices' 'chemical Restraint' 'aged Care' 'decision Making Incapacity' 'guardianship Act 1987 (nsw)' 'quality of Care Principles 2014 (cth)']
['guardianship'] ['guardianship Order' 'restrictive Practices' 'chemical Restraint' 'aged Care' 'decision Making Incapacity' 'guardianship Act 1987 (nsw)' 'quality of Care Principles 2014 (cth)']

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Procedural Posture

Guardianship Application / Final Orders

Legal Issues

  1. 1 ['Whether CKH is a person for whom a guardianship order may be made due to disability preventing important life decisions' 'Whether a guardianship order should be made for CKH' 'Who should be appointed as guardian' 'Duration of the guardianship order']

Ratio Decidendi

CKH has cognitive impairment preventing management of his person and decision-making; a guardianship order with specified functions and conditions is required to protect his interests and comply with statutory requirements for accommodation, health care, medical/dental consent, and restrictive practices.

Court Disposition

Guardianship order made for CKH; Public Guardian appointed; limited continuing order for 12 months with specific functions and conditions.

Orders

  • ['A guardianship order is made for CKH.' 'The Public Guardian is appointed as the guardian.' 'This is a continuing guardianship order for a period of 12 months from 16 July 2021.' 'This is a limited guardianship order giving the guardian custody of CKH to the extent necessary to carry out specified functions.'...