Hypothetical by Manny Wood published in the Coffs Coast Advocate on 25 April 2020.
Annie, aged 69, has a history of paranoid schizophrenia. Peter is her primary clinician.
Peter observes that Annie spends her days walking the streets and believes that due to her cognitive impairment, she does not understand the need to self-isolate during the Novel Coronavirus 2019 (COVID-19) pandemic.
Annie’s in-home support services have been withdrawn because Annie is not practising self-isolation and is “at risk of catching and spreading COVID-19, placing the caregivers and other frail elderly clients at risk”.
Peter makes an application to the Guardianship Division of the New South Wales Civil and Administrative Tribunal, on the basis that Annie is vulnerable and there is a particular risk posed to her health as a result of the COVID-19 pandemic.
Peter seeks orders that the Public Guardian be authorised to make arrangements with New South Wales Police and the Ambulance Service of New South Wales to take Annie to a place approved by the Public Guardian, to keep her at that place and to return her to that place should she leave it.
Annie does not participate in the hearing.
The Tribunal finds that Annie is “incapable of managing her person” and in circumstances where Annie does not have family or friends involved in her life, appoints the Public Guardian as her guardian with the “paramount consideration” of protecting her welfare and interests.
The Tribunal states that Annie is not capable of observing the requirements of the Gathering and Movement laws and states that if Annie were to contract the virus, there is a heightened risk to her health given her underlying health issues.
The Tribunal grants Peter’s application and imposes the orders for a period of 12 months.
If you would like Manny to address a particular legal issue, send your request to manny.wood@ticliblaxland.com.au or call him on (02) 6648 7487.
