DKD [2016] NSWCATGD 57

DKD [2016] NSWCATGD 57

The Tribunal was satisfied that Mr DKD lacked capacity to consent, that cyproterone acetate was the only or most appropriate treatment available to manage his condition and prevent significant health risks due to self-injury, and that the treatment was manifestly in his best interests.

Jurisdiction
Australia
Judgment Date
08 February 2016
Procedural Posture
Application for Consent to Special Medical Treatment / Decision
Outcome
Consent to special medical treatment granted
Legal Topics
['special Medical Treatment' 'consent for Medical Treatment' 'guardianship' 'best Interests' 'capacity']
['guardianship Law' 'health Law'] ['special Medical Treatment' 'consent for Medical Treatment' 'guardianship' 'best Interests' 'capacity']

Case Brief

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Procedural Posture

Application for Consent to Special Medical Treatment / Decision

Legal Issues

  1. 1 ['Whether Mr DKD is incapable of giving informed consent to special medical treatment' "Whether the proposed treatment is the most appropriate form of treatment to promote and maintain Mr DKD's health and well-being" "Whether the proposed treatment is in Mr DKD's best interests"]

Ratio Decidendi

The Tribunal was satisfied that Mr DKD lacked capacity to consent, that cyproterone acetate was the only or most appropriate treatment available to manage his condition and prevent significant health risks due to self-injury, and that the treatment was manifestly in his best interests.

Court Disposition

Consent to special medical treatment granted

Orders

  • ['Consent for administration of cyproterone acetate, generally, up to 300mg daily for Mr DKD.' 'Consent for any necessary treatment that would normally be provided in association with or directly consequent upon the above treatment.' 'Consent is effective for a period of 12 months from the date of the order.']