Guidelines for field staff to assist people living in ... - Housing NSW

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to schedule a person living in severe domestic squalor under the Mental Health Act1990. Applying to the Guardianship Tribunal for a guardianship order may be themore appropriate course of action for people who lack cognitive capacity but are notmentally ill or mentally disordered. If the person is admitted to a hospital as amentally disordered person and not subsequently found to be mentally ill, thedetention is for a limited time.Local Government Act or Residential Tenancy ActIn cases where there is no clear evidence of a mental illness, it may be possible tocompel an occupant to at least have an inspection of their property. The relevant lawis determined by whether the person is renting their accommodation or is ahomeowner.In the case of homeowners, council can seek an order for an inspection (with Police)under the Local Government Act 1993.In the case of rental accommodation, DoH, other housing associations or landlordscan apply to the Consumer Trader and Tenancy Tribunal to conduct an inspection inaccordance with the Residential Tenancy Act 1987.24
SECTION 8: Strategies to assist people who haveimpaired decision-making capacity8.1 Decision-making capacityDetermining a person’s decision-making capacity can involve complex issues. Whilethere are well-established legal mechanisms and government agencies whichrespond to the needs of a person who requires a substitute decision maker once ithas been determined the person is incapable of making a decision, there is nocomprehensive approach to assessing or addressing the support needs of a personwhose capacity is in question. 5 If the field staff is uncertain about the decisionmakingcapacity of the person, they should seek advice from the GuardianshipTribunal, a GP or a psychiatrist.In some cases, a person living in squalor who refuses assessment will be aware ofthe potential consequences of their decision and the risks associated with this.Although their decision to refuse assessment may be considered unwise, as long asthey can demonstrate adequate understanding of the choices they could make, andthe consequences of these choices, then they would generally be considered to havedecision-making capacity.Once it has been determined that a person living in severe domestic squalor lacksthe cognitive capacity to make decisions about their circumstances, such asaccommodation, health, lifestyle choices and financial management, decisions mayneed to be made on their behalf. However, this approach requires carefulconsideration of the ethical principles involved. It is important to respect the person’sautonomy and values, while at the same time protecting the person from furtherharm, and minimising the risk of harm to others.Where the decision-making capacity of the person is determined to be impaired,appointment of a substitute decision-maker is required. This is the role of a guardian.8.2 Guardianship and Financial Management OrdersApplying for guardianship or financial management orders may sometimes be auseful option when there are concerns about the cognitive capacity of the personliving in severe domestic squalor. Appointment of a guardian or financial managerfor the person authorises someone else to make decisions for the person concerned.Most people with impaired decision-making do not require a guardian, becausefamily or friends provide assistance without the need for a legal order. In othercases, when the circumstances are such that a private guardian will not be able toachieve the best interests of the person with a disability, particularly where no one isavailable, or there is conflict among family members, the Public Guardian may beappointed.See Appendix 7 for details regarding the Guardianship Tribunal, appointment of aguardian and the role of the Office of the Protective Commissioner.For an example see Case Study 5 in Appendix 8.5 Attorney General’s Department of NSW, Are the rights of people whose capacity is in question beingadequately promoted and protected: A discussion Paper, March 2006, pg. 425
Page 1 and 2: Guidelines for field staff toassist
Page 3 and 4: Section 7: Strategies to help peopl
Page 5 and 6: SECTION 2: Explaining severe domest
Page 7 and 8: If such persons do agree to speak,
Page 9 and 10: 3.3 Gathering resources for use at
Page 11 and 12: • If the person is from a CALD ba
Page 13 and 14: availability of essential services,
Page 15 and 16: 4.6 Initiate referrals to address c
Page 17 and 18: SECTION 5: Interagency cooperationF
Page 19 and 20: 5.3 FLOWCHART 1: ASSESSMENT & SUPPO
Page 21 and 22: • placing a lien on the property,
Page 23: SECTION 7: Strategies to help peopl
Page 27 and 28: SECTION 9: ConclusionsThe key point
Page 29 and 30: ENVIRONMENTAL CLEANLINESS AND CLUTT
Page 31 and 32: J.SLEEPING AREA:0 1 2 3Reasonablycl
Page 33 and 34: APPENDIX 3: Impact of Squalor Check
Page 35 and 36: APPENDIX 5:living in severe domesti
Page 37 and 38: Aged Care Assessment Teams (ACATs)A
Page 39 and 40: Department of Ageing, Disability an
Page 41 and 42: Department of Community Services (D
Page 43 and 44: APPENDIX 6:Organisations that can a
Page 45 and 46: NSW PoliceThe Police are often the
Page 47 and 48: • must have a disability within t
Page 49 and 50: APPENDIX 8: Case studiesCASE 1An el
Page 51 and 52: CASE 3Ms D, who had been living in
Page 53 and 54: CASE 6Mr A. is a 70-year-old man wh
Page 55 and 56: would permit a psychiatrist to ente
Page 57 and 58: Non-GovernmentAssistance with Care
Page 59 and 60: APPENDIX 11:Further readingClark AN

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