CASE: EB v GB (No 2) [2022] NSWSC 1011

Does the guardian of an incapacitated adult have the authority to prevent other people having contact? 

That was the question asked of the NSW Supreme Court in this case and it recognised that the answer to that question is different in the different States and Territories of Australia. 

The primary issue in this case was whether the Court had jurisdiction to require a mother, against her wishes, to authorise a daughter to have personal access to her father.

The father has advanced Alzheimer’s disease and is almost entirely unable to communicate or perceive his circumstances.

Given to the sensitive nature of the issues, the parties are referred to as the father, the mother, the daughter and the two brothers.

This podcast is not legal advice.