UFH [2015] NSWCATGD 58

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: UFH [2015] NSWCATGD 58 Hearing dates: 13 July 2015 Date of orders: 13 July 2015 Decision date: 13 July 2015 Jurisdiction: Guardianship Division Before: A Beckett, Senior Member (Legal) Dr B McPhee, Senior Member (Professional) J Klause, General Member (Community) Decision: Special Medical Treatment 1. The application for consent to special medical treatment made by Mrs TGN in respect of Miss UFH is dismissed.

Guardianship 1. The guardianship order concerning Miss UFH made on 16 March 2015 is to lapse. 2. The guardianship order is revoked for any remaining period of the order. Catchwords: SPECIAL MEDICAL TREATMENT – Application for consent to special medical treatment – laparoscopic hysterectomy and bilateral salpingectomy – 32-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) – presumption of capacity – application dismissed

GUARDIANSHIP – review of guardianship order – previous finding of partial incapacity – no need for appointment of a guardian to make decisions – guardianship order not renewed Legislation Cited: Guardianship Act 1987 (NSW), ss 14, 33, 33(2), 34 Cases Cited: Hunter and New England Area Health Service v A [2009] NSWSC 761 Re MB (Medical Treatment) [1997] 2 FLR 426 Re T [1993] Fam 95 Schloendorff v Society of New York Hospital (1914) 211 NY 125 Category: Principal judgment Parties: Ms UFH (subject person) Mrs TGN (guardian of Ms UFH) Representation: Separate Representation: K Stares (subject person) File Number(s): 55502 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)).