Hospital applies for guardianship orders

Posted on February 15th, 2017

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In the recent case of NEJ [2017] NSWCATGD 1, the NSW Civil and Administrative Tribunal has allowed an Area Health Authority standing to apply to it for guardianship orders concerning a patient in hospital.  The patient had complex health issues and had been in hospital for some time. An Occupational therapist assessment found that it was unsafe to discharge her home.  

The purpose of the hospital’s application was to determine whether a guardian should be appointed to assist in the process of planning for her discharge from hospital.   The patient did not want to move into aged care and was resisting plans for her future.

Whilst the Tribunal noted that the hospital was interested in freeing up a bed for other patients, the Tribunal accepted that the Area Health Authority had a genuine concern for the patient’s welfare which allowed the application to be made.

Ultimately, the Tribunal made orders appointing the patient’s children as her guardians.

Felicity Wardhaugh is a Special Counsel at Mullane & Lindsay, and practises extensively in Wills and Estate Planning, Commercial and other Litigation and Employment Law. If you require any assistance in these areas please contact Felicity Wardhaugh or contact our Newcastle office

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