UMG [2015] NSWCATGD 54
The Tribunal found that Miss UMG comprehends the main features, can retain relevant information about the proposed treatment, and is able to weigh the short and long-term consequences, including permanent infertility. Miss UMG is therefore not incapable of understanding the general nature and effect of the treatment, and as such, does not fall within Part 5 of the Guardianship Act. Tribunal's consent is not required.
- Jurisdiction
- Australia
- Judgment Date
- 11 December 2015
- Procedural Posture
- Guardianship Application / Final Determination
- Outcome
- Application dismissed
- Legal Topics
- ['special Medical Treatment' 'consent' 'capacity' 'endometriosis' 'permanent Infertility']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Guardianship Application / Final Determination
Legal Issues
- 1 ['Whether Miss UMG is incapable of understanding the general nature and effect of the proposed special medical treatment under section 33(2)(a) of the Guardianship Act 1987 (NSW)' "Whether the Tribunal's consent is required for the proposed treatment"]
Ratio Decidendi
The Tribunal found that Miss UMG comprehends the main features, can retain relevant information about the proposed treatment, and is able to weigh the short and long-term consequences, including permanent infertility. Miss UMG is therefore not incapable of understanding the general nature and effect of the treatment, and as such, does not fall within Part 5 of the Guardianship Act. Tribunal's consent is not required.
Court Disposition
Application dismissed
Orders
- ["The application seeking the Tribunal's consent for Miss UMG to undergo proposed special medical treatment is dismissed."]
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