UBE [2015] NSWCATGD 57

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: UBE [2015] NSWCATGD 57 Hearing dates: 11 May 2015 Date of orders: 11 May 2015 Decision date: 11 May 2015 Jurisdiction: Guardianship Division Before: J Conley, Senior Member (Legal) Dr C West, Senior Member (Professional) L Manns, General Member (Community) Decision: Guardianship 1. The guardianship order concerning Miss UBE made on 30 August 2010 is to lapse.

2. The guardianship order is revoked for any remaining period of the order.

Special Medical Treatment 1. The application for consent to special medical treatment made by Dr NBU and Dr FAJ in respect of Miss UBE is dismissed. Catchwords: GUARDIANSHIP – review of guardianship order – previous finding of incapacity – variations in capacity – no need for appointment of a guardian– whether affairs can be managed with informal support – guardianship order not renewed

SPECIAL MEDICAL TREATMENT – application for consent to special medical treatment – laparoscopic tubal ligation – 42-year-old woman – mild intellectual disability – whether the person is 'incapable of giving consent to the carrying out of medical or dental treatment' – section 34(1)(b) of the Guardianship Act 1987 (NSW) – whether the person 'is incapable of understanding the general nature and effect of the proposed treatment' – section 33(2)(a) of the Guardianship Act 1987 (NSW) – variations in capacity – presumption of capacity – application dismissed Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1), 3(2), 4, 14, 14(2), 33, 33(1), 33(2), 42(2), 44, 45(1), 45(2), pt 5 Guardianship Regulations 2010 (NSW), reg 9(b) Cases Cited: MMW [2014] NSWCATGD 34 P&P [1994] HCA20 (1994) 181 CLR 583 PYR [2012] NSWGT 30 (23 November 2012) XTV [2012] NSWGT5 (6 February 2012) Category: Principal judgment Parties: Ms UBE (the person under guardianship) Ms TZE (guardian of Ms UBE) Dr FAJ and Dr NBU (applicants) Representation: Separate Representation: N Danis (person under guardianship) File Number(s): 29461 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 (s 65, Civil and Administrative Tribunal Act 2013 (NSW)).