GB

In this case, the State Administrative Tribunal was asked to review guardianship orders concerning an individual with moderate cognitive impairment. The represented person, GB, was the subject of an ongoing family dispute regarding her living arrangements and contact with family members. The Public Advocate sought to be reappointed as the guardian of last resort, while GB's daughter sought to be appointed as a guardian to make decisions in line with GB's expressed wishes. The court had to decide whether to reapprove the guardianship orders and if there were any modifications that needed to be made to address the family conflict.

The court addressed several legal issues, including whether GB required a guardian and the appropriate scope of functions for any appointed guardians. The court had to determine if the existing guardianship orders were in GB's best interests, considering the family conflict and her cognitive impairment. Additionally, the court needed to assess if there was a need for an administration order given that GB already had an enduring power of attorney in place.

The court concluded that GB was incapable of looking after her own health and safety and required a guardian. The court dismissed the administration application as GB already had an enduring power of attorney. The court reappointed the Public Advocate as the guardian of last resort and GB's daughter as a limited guardian for treatment and services. The court also imposed conditions on the daughter's appointment, requiring her to communicate hospital admissions to other family members. The court set a review date for the guardianship order to ensure that GB's circumstances were regularly assessed.

The final orders of the Tribunal declared that GB was incapable of looking after her own health and safety and required a guardian. The court dismissed the administration application and amended the guardianship order. The amended order appointed GB's daughter as a limited guardian for treatment and services and the Public Advocate as the guardian of last resort for decisions regarding living arrangements and contact with others. The order also approved the delegation of the Public Advocate's functions to an officer or employee of the Office of the Public Advocate and set a review date for the guardianship order.