UBH [2019] NSWCATGD 3

UBH [2019] NSWCATGD 3

UBH had intellectual disability and chronic schizophrenia and bipolar disorder restricting her in at least one major life activity to such an extent that she required supervision, making her a person in need of a guardian. Valium was prescribed on a PRN basis to influence UBH's behaviour when she could not sleep and became agitated and confused, and was not prescribed to treat a diagnosed illness or condition, so its use was a restrictive practice for which informed consent was required. UBH could not consent. WQI was willing and able, had a close relationship with UBH, had no identified disqualifying conflict, and met the statutory requirements for appointment; a 14 month reviewable...

Jurisdiction
Australia
Judgment Date
21 January 2019
Procedural Posture
Guardianship Application / Application for a Guardianship Order Determined
Outcome
Guardianship order made for UBH and WQI appointed as guardian for 14 months.
Legal Topics
['guardianship Order' 'private Guardian' 'restrictive Practices' 'chemical Restraint' 'ndis' 'psychotropic Medication']
['guardianship' 'disability Law'] ['guardianship Order' 'private Guardian' 'restrictive Practices' 'chemical Restraint' 'ndis' 'psychotropic Medication']

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Procedural Posture

Guardianship Application / Application for a Guardianship Order Determined

Legal Issues

  1. 1 ['Whether UBH was a person for whom the Tribunal could make a guardianship order because of disability preventing important life decisions.' 'Whether a guardianship order should be made and what functions it should confer.' 'Whether the administration of Valium on a PRN basis was a restrictive practice requiring informed consent.' 'Who should be appointed as guardian.' 'How long the guardianship order should last.']

Ratio Decidendi

UBH had intellectual disability and chronic schizophrenia and bipolar disorder restricting her in at least one major life activity to such an extent that she required supervision, making her a person in need of a guardian. Valium was prescribed on a PRN basis to influence UBH's behaviour when she could not sleep and became agitated and confused, and was not prescribed to treat a diagnosed illness or condition, so its use was a restrictive practice for which informed consent was required. UBH could not consent. WQI was willing and able, had a close relationship with UBH, had no identified disqualifying conflict, and met the statutory requirements for appointment; a 14 month reviewable...

Court Disposition

Guardianship order made for UBH and WQI appointed as guardian for 14 months.

Orders

  • ['A guardianship order is made for UBH.' 'WQI of [Address removed for publication.] is appointed as the guardian.' 'This is a continuing guardianship order for a period of 14 months from 21 January 2019.' 'This is a limited guardianship order giving the guardian(s) custody of UBH to the extent necessary to carry out...