NSW Civil and Administrative Tribunal
New South Wales
Medium Neutral Citation: JZL [2021] NSWCATGD 13 Hearing dates: 30 June 2021 Date of orders: 30 June 2021 Decision date: 30 June 2021 Jurisdiction: Guardianship Division Before: R H Booby, Senior Member (Legal)
Dr B McPhee, Senior Member (Professional)
D R Sword, General Member (Community)Decision: The Tribunal consents to the following special medical treatment being provided to JZL:
Mid Line laparotomy with removal of pelvic mass, bilateral salpingo-oophorectomy and hysterectomy with peritoneal washing and omental biopsy and any necessary treatment that would normally be provided in association with or directly consequent upon the above treatment.
This consent is effective for a period of 1 month(s) from the date of this order.
This consent is effective even though JZL objects to the treatment.
1. A guardianship order is made for JZL.
2. MAL of [Address removed for publication.] is appointed as the guardian.
3. This is a continuing guardianship order for a period of six months from 30 June 2021.
4. This is a limited guardianship order giving the guardian(s) custody of JZL 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 JZL may receive.
b) Medical/Dental consent
To make substitute decisions about proposed minor or major medical or dental treatment, where JZL is not capable of giving a valid consent.
c) Services
To make decisions about services to be provided to JZL.
AUTHORITY:
6. The guardian has the following authority:
a) Authority to override objections to medical treatment
i) The guardian may override the objection of JZL 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 JZL to an understanding of the issues and to obtain and consider her views before making significant decisions.
Catchwords: CONSENT TO MEDICAL TREATMENT – application for consent to special medical treatment – laparotomy with bilateral salpingo-oophorectomy and hysterectomy – 43 year old woman – significant mental health issues – large mass affecting kidneys and legs – whether treatment is the most appropriate form to promote health and well-being – whether treatment is necessary to save patient’s life or prevent serious damage to health – consent given
GUARDIANSHIP – application for a guardianship order – patient in hospital – pre and post operative care required – mistaken beliefs could result in refusal of medical treatment and services – private guardian appointed
Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14, 14(2), 15(3), 17(1), 36(1)(b), 42, 44, 45(2)
Cases Cited: C S and M Y v the Guardianship Tribunal and the Public Guardian (Supreme Court (NSW), Windeyer J, 29 November 1999, unrep)
P v D1 & Ors [2011] NSWSC 257
P v NSW Trustee and Guardian [2015] NSWSC 579
Re B [2011] NSWSC 1075
Texts Cited: None cited.
Category: Principal judgment Parties:
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- AGLC
- JZL [2021] NSWCATGD 13
- Case
- [2021] NSWCATGD 13
- Decision Date
CaseChat Overview and Summary
The Tribunal found that the proposed special medical treatment, including a mid-line laparotomy with removal of the pelvic mass, bilateral salpingo-oophorectomy, hysterectomy, peritoneal washing, omental biopsy, and any necessary associated treatment, was in JZL's best interests to promote her health and well-being. The Tribunal also found that the treatment was necessary to save her life or prevent serious damage to her health. Consequently, the Tribunal consented to the special medical treatment being provided to JZL, effective for a period of one month from the date of the order, despite JZL's objection to the treatment. Furthermore, the Tribunal made a guardianship order appointing MAL as JZL's guardian for a period of six months from 30 June 2021. The guardian has the authority to make decisions about JZL's health care, medical and dental consent, and services, including the ability to override JZL's objections to medical treatment. The guardian must, however, take all reasonable steps to bring JZL to an understanding of the issues and to obtain and consider her views before making significant decisions.
In summary, the Tribunal granted the application for consent to special medical treatment and the appointment of a guardian for JZL, with specific functions and authority to ensure she receives the necessary care and treatment.
Orders
Orders of the court
The Tribunal consents to the following special medical treatment being provided to JZL:
Mid Line laparotomy with removal of pelvic mass, bilateral salpingo-oophorectomy and hysterectomy with peritoneal washing and omental biopsy and any necessary treatment that would normally be provided in association with or directly consequent upon the above treatment.
This consent is effective for a period of 1 month(s) from the date of this order.
This consent is effective even though JZL objects to the treatment.
1. A guardianship order is made for JZL.
2. MAL of [Address removed for publication.] is appointed as the guardian.
3. This is a continuing guardianship order for a period of six months from 30 June 2021.
4. This is a limited guardianship order giving the guardian(s) custody of JZL 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 JZL may receive.
b) Medical/Dental consent
To make substitute decisions about proposed minor or major medical or dental treatment, where JZL is not capable of giving a valid consent.
c) Services
To make decisions about services to be provided to JZL.
AUTHORITY:
6. The guardian has the following authority:
a) Authority to override objections to medical treatment
i) The guardian may override the objection of JZL 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 JZL to an understanding of the issues and to obtain and consider her views before making significant decisions.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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