QMU [2017] NSWCATGD 19

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: QMU [2017] NSWCATGD 19 Hearing dates: Tuesday 25 April 2017 at St George Hospital Date of orders: 25 April 2017 Decision date: 25 April 2017 Jurisdiction: Guardianship Division Before: J Simpson, Senior Member (Legal) Dr G Jamieson, Senior Member (Professional) E Pickering, General Member (Community) Decision: 1. A guardianship order is made for Mr QMU. 2. The Public Guardian is appointed as the guardian. 3. This is a continuing guardianship order for a period of 3 months from the date of this order. 4. This is a limited guardianship order giving the guardian custody of Mr QMU to the extent necessary to carry out the functions below.

FUNCTIONS:

5. The guardian has the following functions:

a) Accommodation

To decide where Mr QMU may reside.

b) Health Care

To decide what health care Mr QMU may receive.

c) Medical and Dental Consent

To make substitute decisions about proposed minor or major medical or dental treatment when Mr QMU is not capable of giving a valid consent.

CONDITIONS:

6. The conditions of this order are:

a) In exercising this role the guardian shall take all reasonable steps to bring Mr QMU to an understanding of the issues and to obtain and consider his views before making significant decisions. Catchwords: GUARDIANSHIP – application for guardianship order – subject person in hospital – disagreement between person responsible and treating team about treatment options – active treatment or palliative care – after hours hearing – Public Guardian appointed Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1),3(2), 4, 14(1),14(2), 15(3), 17(1) Cases Cited: IF v IG & Others [2004] NSWADTAP 3 Texts Cited: Nil Category: Principal judgment Parties: Mr QMU Mrs FZU (applicant and wife) The NSW Public Guardian Representation: Nil File Number(s): 65583 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)).