HE (Emergency Guardianship)
[2011] TASGAB 10
•8 July 2011
GUARDIANSHIP AND ADMINISTRATION BOARD
LAUNCESTON
HE – Application for an emergency guardianship order by Community Options South
Neutral citation: HE (Emergency Guardianship) [2011] TASGAB 10
REASONS FOR DECISION
Susan Hill (Member)
8 July 2011
Guardianship – emergency guardianship – refusal of residential care, medication and personal care
Guardianship and Administration Act 1995 section 65
This was an emergency application made by Nicky Keen, Case Manager with Community Options South on Friday the 8th August 2011. The information given was contained in an application, an ACAT report and also by some oral information given to the Registry staff by Ms. Keen. The information in essence indicated that HE is a 76 year old lady who has an acquired brain injury (due to an aneurism), vascular dementia and diabetes. It was also noted that she puts herself in danger by smoking in bed and from the ACAT report that she has difficulty with self care and general day to day issues. Ms. Keen reported that HE had moved from her daughter’s home, where she had 24 hour care, back into her own home and was refusing to go into residential respite pending more suitable accommodation arrangements being made.
Evidence was given in the application and in the ACAT report as to HE’s disabilities as stated above. There was nothing to cast doubt upon or contradict these matters. The Board was satisfied that HE has a disability within the meaning of that word in Section 3 of the Act.
The Board then had to decide whether pursuant to section 20 HE is in need of a guardian and whether there was sufficient urgency to warrant an emergency order. After considering the information provided it was clear that HE was unable to make reasonable judgements in respect of her accommodation, her illnesses and medication and most probably all facets relating to her circumstances as detailed by the application and the ACAT report.
The ACAT report indicates that she is at risk because of her refusal to take prescribed medication (insulin) and has a high safety risk due to smoking in bed. It also indicates that she neglects personal care. Information was orally related to the Board by registry staff, who had been so informed by Ms. Keen that HE may be vulnerable to the influence of others if she was alone in her home. This, given the level of illness, as outlined in the written evidence would no doubt be more than likely.
As noted in the ACAT report, “HE is at risk medically, functionally and socially and has a documented lack of capacity to make decisions regarding life style choices”.
Having taken into account all the evidence and noting that HE had moved back to her home alone with all of the risks as enumerated above and due to her incapacity to make decisions regarding her life style as noted by the ACAT report, the Board decided that a plenary guardianship order may be appropriate until such time as her situation is resolved, such order to be reviewed at the expiration of 28 days when the overall situation may have become clearer.
THE BOARD ORDERS:
1. That the Public Guardian be appointed as guardian of the represented person.
2. That this order remains in effect for 28 days from this date.
FURTHER THE BOARD DIRECTS:
That on or before the expiry of 25 days duration of this order the Public Guardian shall report to the Board in accordance with the approved form for emergency order reports.
If a further order is required the Public Guardian is hereby directed to take all reasonable steps to ensure that an application for guardianship and a Health Care Professional Report are completed by the applicant before the expiry of the emergency order.
Susan Hill
Member
Date of Decision 12 July 2011
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