MKM [2021] NSWCATGD 24

MKM [2021] NSWCATGD 24

The Tribunal was satisfied that MKM had a disability preventing him from making some important life decisions, was not able to give informed consent for major medications or make health care decisions, and required substitute decision-making for health care, medical and dental treatment, and chemical restraint. Because no private guardian was available, the Public Guardian was appointed for 12 months.

Jurisdiction
Australia
Judgment Date
18 June 2021
Procedural Posture
Guardianship Application / Final Decision and Orders
Outcome
Guardianship order made for MKM; Public Guardian appointed for 12 months with limited functions.
Legal Topics
['guardianship Order' 'person in Need of a Guardian' 'supported Accommodation' 'health Care Decisions' 'medical and Dental Consent' 'restrictive Practices' 'chemical Restraint' 'public Guardian']
['guardianship Law'] ['guardianship Order' 'person in Need of a Guardian' 'supported Accommodation' 'health Care Decisions' 'medical and Dental Consent' 'restrictive Practices' 'chemical Restraint' 'public Guardian']

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Procedural Posture

Guardianship Application / Final Decision and Orders

Legal Issues

  1. 1 ['Whether ZYT had standing to bring the guardianship application.' 'Whether MKM was a person for whom the Tribunal could make a guardianship order because he had a disability preventing him from making important life decisions.' 'Whether a guardianship order should be made and what decision-making functions should be included.' 'Who should be appointed as guardian.' 'How long the guardianship order should last.']

Ratio Decidendi

The Tribunal was satisfied that MKM had a disability preventing him from making some important life decisions, was not able to give informed consent for major medications or make health care decisions, and required substitute decision-making for health care, medical and dental treatment, and chemical restraint. Because no private guardian was available, the Public Guardian was appointed for 12 months.

Court Disposition

Guardianship order made for MKM; Public Guardian appointed for 12 months with limited functions.

Orders

  • ['A guardianship order is made for MKM.' 'The Public Guardian is appointed as the guardian.' 'This is a continuing guardianship order for a period of 12 months from 18 June 2021.' 'This is a limited guardianship order giving the guardian custody of MKM to the extent necessary to carry out the functions in the...