KCB [2020] NSWCATGD 56

KCB [2020] NSWCATGD 56

Given the legitimate concerns about KCB's recent symptoms, his lack of willingness to go to hospital, and his evident lack of understanding of the potential seriousness of possible internal bleeding, it was in KCB's interests to vary the guardianship order so the guardian could authorise others to take KCB to hospital and keep him there, and could consent to medical treatment even if KCB objected.

Jurisdiction
Australia
Judgment Date
17 June 2020
Procedural Posture
Requested Review of Guardianship Order / Urgent After Hours Hearing by Telephone
Outcome
The guardianship order was reviewed and varied.
Legal Topics
['review of Guardianship Order' 'variation of Guardianship Functions' 'medical and Dental Consent' 'accommodation Decisions' 'authority to Override Objections to Medical Treatment']
['guardianship'] ['review of Guardianship Order' 'variation of Guardianship Functions' 'medical and Dental Consent' 'accommodation Decisions' 'authority to Override Objections to Medical Treatment']

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Procedural Posture

Requested Review of Guardianship Order / Urgent After Hours Hearing by Telephone

Legal Issues

  1. 1 ['Whether the guardianship order should be varied to give the guardian additional authority to enable investigation of a potentially serious health issue for KCB.' 'What functions should now be given to the guardian.']

Ratio Decidendi

Given the legitimate concerns about KCB's recent symptoms, his lack of willingness to go to hospital, and his evident lack of understanding of the potential seriousness of possible internal bleeding, it was in KCB's interests to vary the guardianship order so the guardian could authorise others to take KCB to hospital and keep him there, and could consent to medical treatment even if KCB objected.

Court Disposition

The guardianship order was reviewed and varied.

Orders

  • ['The Public Guardian is appointed as the guardian.' 'This is a continuing guardianship order for a period of 12 months from 17 January 2020.' 'This is a limited guardianship order giving the guardian custody of KCB to the extent necessary to carry out the functions below.' 'The guardian has the Accommodation...