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The application is dismissed because UAC has withdrawn the application and the Tribunal consents.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

  EVIDENCE – expert evidence – assessment of competing evidence – weight of evidence as to subject person’s views

Legislation Cited:

Guardianship Act 1987 (NSW), ss 3(1)–(2), 4 14, 14(2), 15(3)

Cases Cited:

C S and M Y v the Guardianship Tribunal and the Public Guardian (Supreme Court (NSW), Windeyer J, 29 November 1999, unrep)
IF v IG [2004] NSWADTAP 3
P v D1 & Ors [2011] NSWSC 257
Re B [2011] NSWSC 1075

Texts Cited:

Nil

Category:

Principal judgment

Parties:

001: Consent to Medical or Dental Treatment

 

CXG (the person)
UAC (applicant)
TYU (carer)

 

002: Guardianship Application

  CXG (the person)
UAC (applicant)
TYU (carer, enduring guardian)
Public Guardian

Representation:

Nil

File Number(s):

NCAT 2018/00357583

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)).

REASONS FOR DECISION

GUARDIANSHIP APPLICATION

Background

1. At the time of the hearing CXG was 84 years old and was a patient at a public hospital in regional NSW. She is a citizen of the United States and has been living in Australia with her daughter, TYU. She has a Visitor’s…