NKH [2022] NSWCATGD 12

NKH [2022] NSWCATGD 12

Clozapine prescribed for NKH's psychosis is accepted treatment amongst specialist practitioners and does not constitute 'special medical treatment'; therefore, Tribunal consent is not required and the application for special medical treatment is dismissed. No further guardianship order is required since 'persons responsible' can consent to medical treatment and there are no other decisions necessitating a guardian.

Parties
Subject Person: NKH; Appointed Guardian, Spouse: FZH; Appointed Guardian, Son: EAH; Public Guardian: Public Guardian; Applicant (clinical Care Coordinator): DYN
Jurisdiction
Australia
Judgment Date
03 March 2022
Procedural Posture
Guardianship Review and Application for Consent to Special Medical Treatment / Decision After Hearing
Outcome
Application for special medical treatment dismissed; guardianship order lapsed from 3 March 2022.
Legal Topics
Consent to Medical Treatment, Guardianship Orders, Capacity, Special Medical Treatment, Major Medical Treatment
Guardianship Law Health Law Consent to Medical Treatment Guardianship Orders Capacity Special Medical Treatment Major Medical Treatment

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Parties

NKH

Subject Person

FZH

Appointed Guardian, Spouse

EAH

Appointed Guardian, Son

Public Guardian

Public Guardian

DYN

Applicant (clinical Care Coordinator)

Procedural Posture

Guardianship Review and Application for Consent to Special Medical Treatment / Decision After Hearing

Legal Issues

  1. 1 Whether Clozapine constitutes special medical treatment requiring Tribunal consent
  2. 2 Whether NKH is a person for whom a further guardianship order should be made

Ratio Decidendi

Clozapine prescribed for NKH's psychosis is accepted treatment amongst specialist practitioners and does not constitute 'special medical treatment'; therefore, Tribunal consent is not required and the application for special medical treatment is dismissed. No further guardianship order is required since 'persons responsible' can consent to medical treatment and there are no other decisions necessitating a guardian.

Court Disposition

Application for special medical treatment dismissed; guardianship order lapsed from 3 March 2022.

Orders

  • The application for special medical treatment is dismissed after hearing.
  • The guardianship order concerning NKH made on 29 January 2021 is lapsed from 3 March 2022.