KKD

In the matter of KKD, the court was presented with an application for a guardianship order. The applicant sought the appointment of a guardian to make decisions on behalf of KKD, who has specific needs related to restrictive practices, including environmental and chemical restraints. The court was tasked with determining whether such a guardianship order should be granted and who should be appointed as the guardian.

The primary legal issues before the court were whether a guardianship order should be made for KKD and, if so, who should be appointed as the guardian. Additionally, the court needed to delineate the specific functions and conditions that would govern the guardian’s authority, particularly regarding the restrictive practices outlined in KKD's Interim Behaviour Support Plan. The court had to balance the need for protective measures with KKD's rights and best interests.

The court found that the application for a guardianship order was appropriate, considering KKD's specific needs and the benefits of having a guardian to make informed decisions on their behalf. The court appointed TMW as the guardian, noting their suitability for the role. The guardianship order was made for a period of one year, with specific functions assigned to the guardian, including the authority to make decisions about restrictive practices as outlined in KKD's Interim Behaviour Support Plan. The court also imposed conditions on the guardian's authority, requiring them to consider KKD's views and ensure that any restrictive practices are implemented within the context of a positive behaviour support plan. The court emphasised the importance of respecting KKD's rights and promoting their well-being.

The final orders included the making of a guardianship order for KKD, the appointment of TMW as the guardian, and the specification of the guardian's functions and conditions, particularly concerning the use of restrictive practices.