UEU [2014] NSWCATGD 46

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: UEU [2014] NSWCATGD 46 Hearing dates: 15 December 2014 Date of orders: 15 December 2014 Decision date: 15 December 2014 Jurisdiction: Guardianship Division Before: Hughes B, Senior Member (Legal) Decision: Guardianship order renewed for three months - the Public Guardian was appointed with function of medical and dental consent. Catchwords: GUARDIANSHIP – end of term review of guardianship order - failure to obtain consent to major medication – offence under the Guardianship Act – need for appointment of a guardian. Legislation Cited: Guardianship Act 1987(NSW) Mental Health Act 2007 (NSW) Category: Principal judgment Parties: Miss UEU (subject person) The Public Guardian File Number(s): 39377 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 proceedings (s 65, Civil and Administrative Tribunal Act 2013 (NSW)).

REASONS FOR DECISION

What the Tribunal decided 1. The Tribunal reviewed the previous guardianship order for Miss UEU and renewed it for a period of three months and varied it as follows: The Public Guardian was appointed as guardian with authority to make decisions for her about her medical and dental treatment.

Background 1. Miss UEU is an 88-year old woman with dementia and a history of leg ulcers. Miss UEU's family reportedly do not wish to be involved in her life. Miss UEU is a resident at an aged care facility in Southern Sydney, having previously resided at an aged care facility at Eastern Sydney. 2. Miss UEU's financial affairs have been managed by the NSW Trustee and Guardian since they were appointed by the Tribunal in 2008. 3. On 12 December 2013 the Tribunal appointed the Public Guardian as the guardian for Miss UEU for a period of 12 months with the functions of health care, medical and dental consent. 4. This matter is the end of term, statutory review of the guardianship order.