JZL [2021] NSWCATGD 13

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: JZL [2021] NSWCATGD 13 Hearing dates: 30 June 2021 Date of orders: 30 June 2021 Decision date: 30 June 2021 Jurisdiction: Guardianship Division Before: R H Booby, Senior Member (Legal) Dr B McPhee, Senior Member (Professional) D R Sword, General Member (Community) Decision: The Tribunal consents to the following special medical treatment being provided to JZL: Mid Line laparotomy with removal of pelvic mass, bilateral salpingo-oophorectomy and hysterectomy with peritoneal washing and omental biopsy and any necessary treatment that would normally be provided in association with or directly consequent upon the above treatment. This consent is effective for a period of 1 month(s) from the date of this order. This consent is effective even though JZL objects to the treatment. 1. A guardianship order is made for JZL. 2. MAL of [Address removed for publication.] is appointed as the guardian. 3. This is a continuing guardianship order for a period of six months from 30 June 2021. 4. This is a limited guardianship order giving the guardian(s) custody of JZL to the extent necessary to carry out the functions below. FUNCTIONS: 5. The guardian has the following functions: a) Health care To decide what health care JZL may receive. b) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where JZL is not capable of giving a valid consent. c) Services To make decisions about services to be provided to JZL. AUTHORITY: 6. The guardian has the following authority: a) Authority to override objections to medical treatment i) The guardian may override the objection of JZL to major or minor medical treatment. CONDITION: 7. The condition of this order is: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring JZL to an understanding of the issues and to obtain and consider her views before making significant decisions. Catchwords: CONSENT TO MEDICAL TREATMENT – application for consent to special medical treatment – laparotomy with bilateral salpingo-oophorectomy and hysterectomy – 43 year old woman – significant mental health issues – large mass affecting kidneys and legs – whether treatment is the most appropriate form to promote health and well-being – whether treatment is necessary to save patient's life or prevent serious damage to health – consent given GUARDIANSHIP – application for a guardianship order – patient in hospital – pre and post operative care required – mistaken beliefs could result in refusal of medical treatment and services – private guardian appointed Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14, 14(2), 15(3), 17(1), 36(1)(b), 42, 44, 45(2) Cases Cited: C S and M Y v the Guardianship Tribunal and the Public Guardian (Supreme Court (NSW), Windeyer J, 29 November 1999, unrep) IF v IG [2004] NSWADTAP 3 P v D1 & Ors [2011] NSWSC 257 P v NSW Trustee and Guardian [2015] NSWSC 579 Re B [2011] NSWSC 1075 Texts Cited: None cited. Category: Principal judgment Parties: 002: Guardianship Application JZL (the person) MAL (applicant, carer) Public Guardian