MKM

[2021] NSWCATGD 24

NSW Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

MKM [2021] NSWCATGD 24

Hearing dates:

18 June 2021

Date of orders:

18 June 2021

Decision date:

18 June 2021

Jurisdiction:

Guardianship Division

Before:

S G McCarthy, Senior Member (Legal)
Dr G Jamieson, Senior Member (Professional)
S Fogg, General Member (Community)

Decision:

1. A guardianship order is made for MKM.

2. The Public Guardian is appointed as the guardian.

3. This is a continuing guardianship order for a period of 12 months from 18 June 2021.

4. This is a limited guardianship order giving the guardian(s) custody of MKM to the extent necessary to carry out the functions below.

FUNCTIONS:

5. The guardian has the following functions:

a) Health care

To decide what health care MKM may receive.

b) Medical/Dental consent

To make substitute decision about proposed minor or major medical or dental treatment, where MKM is not capable of giving a valid consent.

c) Restrictive Practices

To give or withhold consent as to whether the following restrictive practices should be used to influence MKM’s behaviour:

1. Chemical restraint

CONDITIONS:

6. The conditions of this order are:

a) Standard Condition

In exercising this role the guardian shall take all reasonable steps to bring MKM to an understanding of the issues and to obtain and consider his views before making significant decisions.

b) Restrictive Practices

The guardians(s) may only consent to the use of the types of restrictive practices permitted under this order to influence MKM’s behaviour.

(i) as a last resort to prevent MKM harming himself or others; and

(ii) in accordance with a care and support plan that incorporates:

a) the behaviours that are being addressed by the restraints;

b) reasons why the restraints are necessary;

c) non-pharmacological strategies in place;

d) provision for review, including by an appropriate medical specialist.

Catchwords:

GUARDIANSHIP – application for a guardianship order – whether subject person is a person in need of a guardian – subject person has depression – subject person living in supported accommodation – need for medication to deal with aggressive behaviours – restrictive practices function – chemical restraint – need for medical and dental consent decisions – need for healthcare and services decisions – no private guardian available – Public Guardian appointed – order made.

Legislation Cited:

Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14, 14(2)

Cases Cited:

IF v IG [2004] NSWADTAP 3

Texts Cited:

None cited.

Category:

Principal judgment

Parties:

006: Guardianship Application

MKM (the person)
ZYT (applicant)
Public Guardian

Representation:

Nil.

File Number(s):

NCAT 2011/00419763

Publication restriction:

Decisions of the Guardianship Division of the Civil and Administrative Tribunal have been anonymised to remove any information that may identify any person involved in the Tribunal’s proceedings: Civil and Administrative Tribunal Act 2013 (NSW), s 65.

REASONS FOR DECISION

GUARDIANSHIP APPLICATION

What the Tribunal decided

1. The Tribunal appointed the Public Guardian as the guardian for MKM for a period of 12 months to make decisions about his health care, medical and dental treatment and restrictive practices…