Published 18 July 2022
Application for injunction — interim orders — enduring power of attorney — personal care and welfare — Protection of Personal and Property Rights Act 1988, ss 17, 18, 98, 99A, 99B, 102 & 105 — Family Court Rules 2002, r 182. This hearing was to determine an urgent application seeking injunctive remedies in relation to the parties' father, who was in an aged care facility with advanced dementia. The applicant and respondent were two of the subject person's children, and the respondent had enduring power of attorney over the subject person in respect of his personal care and welfare. The injunctive relief was sought pending the outcome of the substantive proceedings under s 105 of the Protection of Personal and Property Rights Act. The applicant sought injunctive orders requiring the subject person's healthcare team to reinstate medications being administered to the subject person; the respondent to revoke any decisions limiting the life-saving medical treatments to the subject person, including a "not for resuscitation" (NFR) directive; and an injunction preventing the respondent and the subject person's healthcare team from taking any steps not consistent with preserving the subject person's life. The Judge considered evidence from the attending clinicians and noted that the Court had no concerns with the clinical judgment. The Judge determined that the applicant was not entitled to an injunction for the first and third grounds; however, the Judge issued an injunction in relation to the NFR directive and life-sustaining treatment document. Judgment Date: 28 January 2022. * * * Note: names have been changed to comply with legal requirements. * * *
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