EZN [2020] NSWCATGD 4

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EZN [2020] NSWCATGD 4 Hearing dates: 16 April 2020 Date of orders: 16 April 2020 Decision date: 21 April 2020 Jurisdiction: Guardianship Division Before: M D Schyvens, Deputy President Dr B McPhee, Senior Member (Professional) J L Newman, General Member (Community) Decision: 1. A guardianship order is made for EZN.

2. The Public Guardian is appointed as the guardian.

3. This is a continuing guardianship order for a period of one month from 16 April 2020.

4. This is a limited guardianship order giving the guardian(s) custody of EZN 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 EZN may receive.

b) Medical/Dental consent

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

AUTHORITY:

6. The guardian has the following authority:

a) Authority to override objections to medical treatment

i) The guardian may override the objection of EZN to major or minor medical treatment.

CONDITION:

7. The condition of this order is:

a) Standard Condition

In exercising this role the guardian shall take all reasonable steps to bring EZN to an understanding of the issues and to obtain and consider their views before making significant decisions. Catchwords: GUARDIANSHIP – application for a guardianship order – urgent application – subject person in late stages of pregnancy – subject person detained at a mental health facility – subject person an assessable person under s 17 of the Mental Health Act – need for immediate medical treatment decisions to be made – need for health care decisions to be made – refusal of treatment – likely objection to future treatment – disengagement with all services – serious risk of harm to self and unborn child – drug and alcohol use – Public Guardian appointed – order made.