UBE [2015] NSWCATGD 57

UBE [2015] NSWCATGD 57

On the available evidence, notably the psychiatric assessment by Dr Y, Ms UBE was capable of understanding the general nature and effect of the proposed special medical treatment (tubal ligation) and could indicate consent when physically well. Accordingly, the statutory precondition for Tribunal consent was not met. Additionally, Ms UBE was found not to require a continuing guardianship order, as her improved and stable condition, with support from her mother and care team, made formal guardianship unnecessary; her affairs could be managed informally.

Parties
Person Under Guardianship: Ms UBE; Guardian of Ms UBE: Ms TZE; Applicant: Dr FAJ; Applicant: Dr NBU
Jurisdiction
Australia
Judgment Date
11 May 2015
Procedural Posture
Guardianship and Special Medical Treatment Application / Final Decision After Review Hearing
Outcome
Guardianship order lapsed; application for consent to special medical treatment dismissed.
Legal Topics
Review of Guardianship Order, Capacity to Consent to Medical Treatment, Special Medical Treatment (sterilisation), Variation in Capacity
Guardianship Law Health Law Review of Guardianship Order Capacity to Consent to Medical Treatment Special Medical Treatment (sterilisation) Variation in Capacity

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Parties

Ms UBE

Person Under Guardianship

Ms TZE

Guardian of Ms UBE

Dr FAJ

Applicant

Dr NBU

Applicant

Procedural Posture

Guardianship and Special Medical Treatment Application / Final Decision After Review Hearing

Legal Issues

  1. 1 Whether Ms UBE remains a person in need of a guardian under the Guardianship Act 1987 (NSW)
  2. 2 Whether Ms UBE is incapable of consenting to special medical treatment (tubal ligation) under the Act

Ratio Decidendi

On the available evidence, notably the psychiatric assessment by Dr Y, Ms UBE was capable of understanding the general nature and effect of the proposed special medical treatment (tubal ligation) and could indicate consent when physically well. Accordingly, the statutory precondition for Tribunal consent was not met. Additionally, Ms UBE was found not to require a continuing guardianship order, as her improved and stable condition, with support from her mother and care team, made formal guardianship unnecessary; her affairs could be managed informally.

Court Disposition

Guardianship order lapsed; application for consent to special medical treatment dismissed.

Orders

  • The guardianship order concerning Miss UBE made on 30 August 2010 is to lapse.
  • The guardianship order is revoked for any remaining period of the order.