In the Matter Of Michael (Guardianship and Management of Property)

This case involves the appointment of a guardian and manager for a protected person under the Guardianship and Management of Property Act 2014. The Public Trustee and Guardian was appointed as the guardian and manager of the protected person's property and personal affairs. The application was made by the Public Advocate and the protected person did not object to the application.

The legal issues in the case were whether the guardian's power to give consent for medical treatment, including treatment under the Mental Health Act, should be removed when a psychiatric treatment order is in place, and whether the guardian has a role when a psychiatric treatment order is in place. The court was required to determine whether the guardian's power to give consent for medical treatment is an unnecessary restriction on the protected person's freedom of choice and action when a psychiatric treatment order is in place.

The court dismissed the application to remove the guardian's power to give consent for medical treatment, including treatment under the Mental Health Act, when a psychiatric treatment order is in place. The court held that the guardian has a role to play in ensuring that the protected person receives appropriate treatment and care, even when a psychiatric treatment order is in place. The court found that the guardian's power to give consent for medical treatment is not an unnecessary restriction on the protected person's freedom of choice and action, as the guardian can ensure that the protected person receives appropriate treatment and care, and can also advocate for the protected person's wishes and preferences.

The court confirmed the appointment of the Public Trustee and Guardian as the guardian and manager of the protected person's property and personal affairs, with certain powers. The court also ordered that the appointment be reviewed on its own initiative before 17 May 2022.