PATIENT UNDER THE GUARDIANSHIP OF A CARE FACILITY REFUSES TO LEAVE HER FATHER’S HOUSE AND ASKS FOR A STAY OF OF GUARDIANSHIP ORDER
Fernandez v New South Wales Civil and Administrative Tribunal [2021] NSWSC 500 (9 May 2021)
This is an application to stay guardianship order as requested by the patient suffering from schizophrenia.
Facts:
Sarahann Fernandez, who asked for a “stay” to allow her to remain with her father, rather than returning to the care facility, Positive Care Solutions, where she is required to reside.
Ms Fernandez has schizophrenia. She is subject to a guardianship order from the New South Wales Civil and Administrative Tribunal (“NCAT”), which may be an interim order, and which requires her to reside with her father on the weekends and in the care facility through the week. Ms Fernandez says that she feels “vulnerable “in the facility as her “emotional needs” are not being met. She was clear that she is safe at the facility and in no danger or discomfort.
Ms Fernandez asks for the Court to give her “permission to refuse to go with the worker from the care facility when that person calls to collect her at 5pm."
Issue: Should the stay order be granted?
Held:
The court declines to make any order interfering with the orders now put in place by NCAT in the absence of full information concerning Ms Fernandez’s circumstances. Guardianship orders can be expected to have been put in place in the best interests of Ms Fernandez and no error has been identified in the orders or reasons for them. There is no suggestion that the accommodation with Positive Care Solutions places Ms Fernandez at risk, or is unsuitable for any reason other than personal preference.
The Court has not had any information from Ms Fernandez’s guardian as to the basis of the decision for her to live in supported care through the week. It must be inferred that the guardian had good reason for the decision. Without more thorough information than that available from Ms Fernandez, and bearing in mind the short period before NCAT finalises the situation, and the last-minute nature of the application, the court is not prepared to interfere with the guardianship orders, or the guardian’s decision as to accommodation.
Conclusion: Application for a stay of guardianship orders made by the New South Wales Civil and Administrative Tribunal (“NCAT”) is refused.
