Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 11 March 2017.

Margaret and George moved into a nursing home in 2014. George sadly passed away in 2015 and later that year Margaret is diagnosed as suffering from dementia.

Apparently due to “sibling conflict” between her children, the Public Guardian is appointed to make decisions regarding Margaret’s accommodation needs, her health and medical care.

The Public Guardian consented to Margaret having a holiday with her daughter Elizabeth, on the Mid-North Coast. When Margaret returned to the nursing home in Sydney, Elizabeth noticed that she became “socially withdrawn and depressed”. Elizabeth proposed to the Public Guardian that Margaret be relocated to the Mid-North Coast.

The Public Guardian, however decided that Margaret should continue residing in Sydney.

Elizabeth makes an application in the Civil and Administrative Tribunal, seeking orders that Margaret be allowed to relocate.

In support of her application, Elizabeth provides photographic evidence of a poor standard of hygiene and laundering. Evidence is adduced by a medical doctor to the effect that the nursing home provides substandard care and referred to Margaret as suffering from malnutrition and isolation. The doctor had previously made a complaint to the Aged Care Complaints Commissioner.

The nursing home acknowledged that Margaret had declined physically over the last two years but disagreed with Elizabeth’s complaints and maintained that Margaret was receiving good care. The nursing home states that Margaret’s treating doctors are supportive and that there are four other children who reside locally and visit her frequently.

The role of the Tribunal is to consider Margaret’s welfare as a paramount consideration, based on principles that include the need for protection against “neglect, abuse and exploitation”.

The Tribunal took more than two months to deliver its decision. By this time, Margaret had passed away.

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.