IKJ [2021] NSWCATGD 27

IKJ [2021] NSWCATGD 27

On evidence, IKJ lacks capacity due to dementia and requires decisions in relation to accommodation and restrictive practices, justifying a limited guardianship order for 12 months appointing UAS as guardian to exercise these functions according to statutory principles and safeguards.

Jurisdiction
Australia
Judgment Date
10 August 2021
Procedural Posture
Guardianship Application / Principal Judgment
Outcome
Guardianship order made appointing UAS as limited guardian for IKJ for 12 months with specified functions.
Legal Topics
['guardianship Order' 'dementia' 'accommodation' 'restrictive Practices' 'chemical Restraint' 'environmental Restraint' 'appointment of Guardian']
['guardianship Law'] ['guardianship Order' 'dementia' 'accommodation' 'restrictive Practices' 'chemical Restraint' 'environmental Restraint' 'appointment of Guardian']

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Procedural Posture

Guardianship Application / Principal Judgment

Legal Issues

  1. 1 ['Whether IKJ is a person in need of a guardian under the Guardianship Act 1987 (NSW)' 'Whether a guardianship order should be made for IKJ' 'What powers should be given to the guardian, including in relation to restrictive practices' 'Who should be appointed as guardian' 'The appropriate duration of the order']

Ratio Decidendi

On evidence, IKJ lacks capacity due to dementia and requires decisions in relation to accommodation and restrictive practices, justifying a limited guardianship order for 12 months appointing UAS as guardian to exercise these functions according to statutory principles and safeguards.

Court Disposition

Guardianship order made appointing UAS as limited guardian for IKJ for 12 months with specified functions.

Orders

  • ['A guardianship order is made for IKJ.' 'UAS is appointed as the guardian.' 'This is a continuing guardianship order for a period of 12 months from 10 August 2021.' 'This is a limited guardianship order giving the guardian(s) custody of IKJ to the extent necessary to carry out specified functions.' 'Guardian...