LZH [2022] NSWCATGD 15

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: LZH [2022] NSWCATGD 15 Hearing dates: 2 June 2022 Date of orders: 2 June 2022 Decision date: 02 June 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 Tribunal consents to the following special medical treatment being provided to LZH: removal of Mirena IUD and endometrial ablation under a general anaesthetic 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 12 month(s) from the date of this order. Catchwords: CONSENT TO MEDICAL TREATMENT – application for consent to special medical treatment – removal of Mirena IUD and endometrial ablation – 41-year-old woman – intellectual disability – patient not able to understand the general nature and effects of the treatment – patient not able to provide informed consent – procedure will likely result in permanent infertility – whether treatment is the most appropriate form to promote health and wellbeing – whether proposed treatment is necessary to save patient's life or prevent serious damage to health – consent given. Legislation Cited: Guardianship Act 1987 (NSW), ss 33(1)–(2), 36(1)(b), 42, 44, 45(2) Cases Cited: None cited. Texts Cited: None cited. Category: Principal judgment Parties: 002: Consent to Special Medical Treatment

LZH (the person) KAL (applicant) EMP (applicant) FYD (carer) Representation: M Falloon as separate representative for LZH File Number(s): NCAT 2022/00140554 Publication restriction: Decisions of the Guardianship Division of the Civil and Administrative Tribunal have been anonymised to remove any information that may identify any person involved in the Tribunal's proceedings: Civil and Administrative Tribunal Act 2013 (NSW), s 65.