PZI [2021] NSWCATGD 21

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: PZI [2021] NSWCATGD 21 Hearing dates: 5 November 2021 Date of orders: 5 November 2021 Decision date: 05 November 2021 Jurisdiction: Guardianship Division Before: C P Fougere, Principal Member Dr A M Berry, Senior Member (Professional) L Stewart, General Member (Community) Decision: 1. A guardianship order is made for PZI. 2. The Public Guardian is appointed as the guardian. 3. This is a continuing guardianship order for a period of three months from 5 November 2021. 4. This order will not be reviewed at the end of the above period. 5. This is a limited guardianship order giving the guardian(s) custody of PZI to the extent necessary to carry out the functions below. FUNCTIONS: 6. The guardian has the following functions: a) Health care To decide what health care PZI may receive. b) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where PZI is not capable of giving a valid consent. c) Restrictive Practices To give or withhold consent as to whether the following restrictive practices should be used to influence PZI's behaviour: 1. Physical restraint as a last resort by way of holding down PZI's arm/s for the shortest period possible in order to administer intramuscular sedation and/or for taking blood. AUTHORITY: 7. The guardian has the following authority: a) Authority to override objections to medical treatment i) The guardian may override the objection of PZI to major or minor medical treatment. CONDITION: 8. The condition of this order is: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring PZI to an understanding of the issues and to obtain and consider her views before making significant decisions. The application seeking medical consent is dismissed after hearing. Catchwords: GUARDIANSHIP – 36 weeks pregnant – "assessable" person under Mental Health Act – delusions about pregnancy and unborn child – at least partially incapable of managing own person in relation to pregnancy, birth and post-partum period – three month non-reviewable guardianship order made to take into account post-partum recovery. Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 4(a), 14, 14(2), 15(3), 16(2A) Mental Health Act 2007 (NSW), s 27 Cases Cited: P v NSW Trustee and Guardian [2015] NSWSC 579 Texts Cited: None cited. Category: Principal judgment Parties: 002: Guardianship Application