CXG [2018] NSWCATGD 44

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CXG [2018] NSWCATGD 44 Hearing dates: 6 December 2018 Date of orders: 06 December 2018 Decision date: 06 December 2018 Jurisdiction: Guardianship Division Before: R H Booby, Senior Member (Legal) Dr M J Wroth, Senior Member (Professional) D Crowley, General Member (Community) Decision: Application for consent to medical treatment

The application is dismissed because UAC has withdrawn the application and the Tribunal consents.

Application for guardianship order

1. A guardianship order is made for CXG.

2. The Public Guardian is appointed as the guardian.

3. This is a continuing guardianship order for a period of 12 months from 6 December 2018.

4. This is a limited guardianship order giving the guardian(s) custody of CXG to the extent necessary to carry out the functions below.

FUNCTIONS:

5. The guardian has the following functions:

a) Health care

To decide what health care CXG may receive.

b) Medical/Dental consent

To make substitute decisions about proposed minor or major medical or dental treatment, where CXG is not capable of giving a valid consent.

CONDITIONS:

6. The condition of this order is:

a) Standard Condition

In exercising this role the guardian shall take all reasonable steps to bring CXG to an understanding of the issues and to obtain and consider their views before making significant decisions. Catchwords: GUARDIANSHIP – application for a guardianship order – principal's wishes as reflected in enduring guardianship appointment taken into account – end of life planning – palliative care – conflict between views and beliefs of treating doctors and enduring guardian – use of anti-psychotic medication – ability of enduring guardian to objectively evaluate medical opinion – need for guardianship order despite enduring guardianship appointment – guardianship order made – appointment of Public Guardian as guardian