NKH [2022] NSWCATGD 12

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NKH [2022] NSWCATGD 12 Hearing dates: 3 March 2022 Date of orders: 3 March 2022 Decision date: 03 March 2022 Jurisdiction: Guardianship Division Before: R H Booby, Senior Member (Legal) Dr B McPhee, Senior Member (Professional) F N Given, General Member (Community) Decision: The application for special medical treatment is dismissed after hearing. The guardianship order concerning NKH made on 29 January 2021 is lapsed from 3 March 2022. Catchwords: CONSENT TO MEDICAL TREATMENT – application for consent to special medical treatment – subject person diagnosed with Lewy Body Dementia, Parkinson's disease and psychosis – clozapine used as treatment for hallucinations and psychotic disorder – use of antipsychotic medication to treat psychosis is not special medical treatment – person responsible able to provide consent – application dismissed. GUARDIANSHIP – end-of-term review of a guardianship order – whether a further guardianship order should be made – subject person resides at an aged care facility – person responsible able to provide consent to major medical treatment – no decisions that need to be made by a guardian – no order made – order allowed to lapse. Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14, 14(2), 33, 25(6), 42, 42(2); Pt 5 Cases Cited: IF v IG [2004] NSWADTAP 3 P v NSW Trustee and Guardian [2015] NSWSC 579 Texts Cited: None cited. Category: Principal judgment Parties: 003: Review of Guardianship Order