UDQ [2015] NSWCATGD 12

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: UDQ [2015] NSWCATGD 12 Hearing dates: 23 June 2015 Date of orders: 23 June 2015 Decision date: 23 June 2015 Jurisdiction: Guardianship Division Before: B Tearle, Senior Member (Legal) S Stone, Senior Member (Professional) D Crowley, General Member (Community) Decision: Consent to the administration of Androcur for a period of two years Catchwords: MEDICAL CONSENT – special medical treatment – considerations Legislation Cited: Guardianship Act 1987 (NSW) Category: Principal judgment Parties: Mr UDQ (the subject person) Mr EMD (the applicant) File Number(s): 57466 Publication restriction: Decisions of the Guardianship Division of the NSW Civil and Administrative Tribunal have been anonymised to remove any information that may identify any person involved in the Tribunal's proceedings (s 65, Civil and Administrative Tribunal Act 2013 (NSW)).

REASONS FOR DECISION 1. These Reasons for Decision are for the orders of the Tribunal made on 23 June 2015 relating to special medical treatment for Mr UDQ.

Application details 1. This was an application by Mr EMD, Geriatrician, for consent to special medical treatment for Mr UDQ under section 44 of the Guardianship Act 1987 (NSW). 2. The proposed special medical treatment is the administration of Cyproterone, up to 100 mg daily.

What the Tribunal decided 1. The Tribunal consented to special medical treatment for Mr UDQ in the terms set out in the order of 23 June 2015.

THE EVIDENCE AND THE TRIBUNAL'S REASONING

Background to this application 1. Mr UDQ, who is 92 years old and of Macedonian heritage, is a resident an aged care facility at South-Western Sydney. Mr UDQ had previously been living in his family home at West Sydney, and he was recently an inpatient of Public Hospital A and Public Hospital B. Mr UDQ is reported to have moderate dementia. 2. On 15 June 2012, Mr UDQ appointed one of his grandsons, Mr TAQ, to be his attorney under an enduring power of attorney. 3. Mr UDQ has been under guardianship since 16 December 2014, when the Tribunal appointed the Public Guardian to be his guardian for a period of 12 months. The Tribunal then gave the Public Guardian the authority to make decisions concerning Mr UDQ's accommodation, health care, medical and dental treatment, services, and access arrangements. 4. On 13 February 2015, the Tribunal made a financial management order, and appointed Mr UDQ's grandsons, Mr TAQ and Mr QFR, to be his joint private financial managers.