IN THE MATTER OF PW (Guardianship and Management of Property)

The matter before the court was an application for the appointment of a guardian for PW, a person suffering from mental illness. The application was brought by Mr Shajimon, a social worker at Calvary Hospital. The court appointed the ACT Public Trustee and Guardian (PTG) as PW’s guardian. The primary issue before the court was whether the PTG should be appointed as guardian for PW, and if so, what powers the guardian should have. The court had to consider the need for a guardianship order to provide treatment, care or support outside the ambit of the psychiatric treatment order (PTO) and whether forcible medication is in breach of human rights.

The court found that PW was suffering from a mental illness and was the subject of a PTO made under section 58 of the Mental Health Act 2015. PW was an inpatient at the Older Persons Mental Health Inpatient Unit. Dr Matias, a psychiatrist, explained that PW suffers from diabetes and arrhythmia, in addition to mental illness, and was refusing to take oral medication and allow treating staff to monitor his vital signs. The court found that there was no suggestion that PW had the mental capacity to refuse treatment for his diabetes and/or arrhythmia. The court concluded that the refusal was in the context of PW’s chronic psychotic illness. The court appointed the PTG as guardian for PW with specific powers to ensure PW's health and welfare needs are met and to protect him from unreasonable risks to his health and welfare.

The court appointed the PTG as guardian for PW with specific powers to ensure PW's health and welfare needs are met and to protect him from unreasonable risks to his health and welfare. The court ordered that the Tribunal will review this appointment on its own initiative before 28 November 2019, and the guardian must notify the Tribunal of any changes to the address of, or of any other significant change in circumstances of, itself or of the protected person.