GZK

The case involves GZK, whose guardianship order was reviewed due to the impact of the COVID-19 pandemic on their health and welfare. The review was sought by the Public Guardian, who argued that the existing guardianship order did not adequately address the specific risks posed by the pandemic. The court was tasked with determining whether the guardianship order should be varied to include new functions that specifically address the risks associated with COVID-19.

The primary legal issue before the court was whether the existing guardianship order should be amended to include functions that allow the guardian to make decisions regarding GZK's accommodation, freedom of movement, and access to the community with the aim of protecting and promoting their health, welfare, and interests during the pandemic. The court had to balance GZK's rights and freedoms with the necessity to protect them from the risks of COVID-19, including ensuring compliance with public health orders.

In considering the application, the court acknowledged the unprecedented nature of the COVID-19 pandemic and the need for a novel guardianship function to address the specific risks it posed. The court found that GZK's inability to understand the risks associated with COVID-19, coupled with their non-compliance with public health orders, justified the variation of the guardianship order. The court concluded that the new functions were necessary to protect GZK's health, welfare, and interests as a last resort, given the restrictions imposed by public health orders. The court varied the guardianship order to include these new functions, subject to certain conditions.

The court's final order varied the existing guardianship order to include the new functions that allow the guardian to make decisions regarding GZK's accommodation, freedom of movement, and access to the community to protect and promote their health, welfare, and interests during the pandemic. The order also included a condition that the guardian must take reasonable steps to bring GZK to an understanding of the issues and to obtain and consider their views before making significant decisions.