JUW [2023] NSWCATGD 3

JUW [2023] NSWCATGD 3

The Tribunal was satisfied that JUW continues to have a cognitive impairment restricting her decision-making, requiring a guardianship order. The legal amendments require a substitute decision maker, established under state law, to consent to restrictive practices. No private guardian being available, the Public Guardian was appointed as the restrictive practices decision maker with authority for environmental restraint, under specified conditions, for a period of three years.

Jurisdiction
Australia
Judgment Date
16 February 2023
Procedural Posture
Guardianship Order Review / Review Hearing and Orders
Outcome
Guardianship order renewed and varied
Legal Topics
['restrictive Practices' 'environmental Restraint' 'appointment of Guardian' 'end of Term Order Review' 'legislative Amendments']
['guardianship Law' 'aged Care Law'] ['restrictive Practices' 'environmental Restraint' 'appointment of Guardian' 'end of Term Order Review' 'legislative Amendments']

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Procedural Posture

Guardianship Order Review / Review Hearing and Orders

Legal Issues

  1. 1 ['Whether JUW continues to require a guardianship order due to disability' 'Whether a further guardianship order should be made' 'Who should be appointed as guardian' 'Appropriateness and conditions of consent for restrictive practices']

Ratio Decidendi

The Tribunal was satisfied that JUW continues to have a cognitive impairment restricting her decision-making, requiring a guardianship order. The legal amendments require a substitute decision maker, established under state law, to consent to restrictive practices. No private guardian being available, the Public Guardian was appointed as the restrictive practices decision maker with authority for environmental restraint, under specified conditions, for a period of three years.

Court Disposition

Guardianship order renewed and varied

Orders

  • ['The Public Guardian is appointed as the guardian for JUW.' 'The guardianship order is continuing for a period of three years from 16 February 2023.' 'This is a limited guardianship order giving the guardian custody of JUW to the extent necessary for specified functions.' "The guardian is authorised to give or...