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  • Protecting or neglecting?: ...
    Clare Nolan; Katie Walsh

    Adelaide law review, 01/2020, Letnik: 41, Številka: 1
    Journal Article

    As Australia's population ages, and the prevalence of dementia increases, questions regarding the powers of those who take on legal responsibility for persons recognised as mentally incapacitated will likely become more common. One such question recently came before the Full Court of the Supreme Court of South Australia in 'Public Advocate v C, B'. This case concerned an appeal by the Public Advocate against a declaration made by Stanley J in the Supreme Court of South Australia that the respondent, a 95-year-old man named 'BC', was unlawfully detained at a residential aged care facility by reason of the Public Advocate's exercise of guardianship over him under s 29 of the 'Guardianship and Administration Act 1993 (SA) ('Guardianship Act')'.