SKN

SKN, an individual of advanced age and diagnosed with advanced dementia, who resides in an aged care facility, sought a review of their enduring guardianship to include the function of consent for restrictive practices, specifically the use of chemical restraint. The application was heard in the Supreme Court of the relevant state. The legal issues before the court were whether the enduring guardianship instrument should be varied to include a restrictive practices function and whether the appointed enduring guardians were suitable to exercise this function. The court had to consider the appropriate conditions under which restrictive practices could be employed, including the necessity of such measures, the least restrictive form, and the impact on the principal.

In determining the suitability of the enduring guardians to exercise the restrictive practices function, the court found that the appointed guardians, DBE and QSN, were suitable people to make such decisions. The court also detailed the conditions under which the guardians could consent to the use of restrictive practices. These included using the practice as a last resort, employing it in the least restrictive form and for the shortest time necessary, considering its impact on the principal, and adhering to a behaviour support plan in line with the Quality of Care Principles 2014. The plan must be devised after consultation with a relevant health practitioner and reviewed regularly.

The court varied the functions of the enduring guardians to include the consent to restrictive practices, subject to the outlined conditions. This decision aimed to balance the need to protect SKN and others from harm while ensuring the dignity and rights of SKN were upheld. The court's order reflected a careful consideration of the principal's best interests and the need for safeguards in the use of restrictive practices.