GKB [2020] NSWCATGD 99

GKB [2020] NSWCATGD 99

The Tribunal was not satisfied that GKB was incapable of understanding the general nature and effect of the proposed treatment. Evidence showed that GKB was able to express her wish to terminate the pregnancy, comprehend the basic aspects and consequences of the procedure, and had not been subject to undue influence or coercion. Therefore, Part 5 of the Guardianship Act 1987 (NSW) did not apply and the application was dismissed.

Parties
The Person: GKB; Applicant: EJG
Jurisdiction
Australia
Judgment Date
13 May 2020
Procedural Posture
Application for Consent to Special Medical Treatment / Final Decision After Hearing
Outcome
Application dismissed
Legal Topics
Consent to Medical Treatment, Capacity, Termination of Pregnancy, Special Medical Treatment Under Guardianship Act
Guardianship Medical Law Consent to Medical Treatment Capacity Termination of Pregnancy Special Medical Treatment Under Guardianship Act

Case Brief

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Parties

GKB

The Person

EJG

Applicant

Procedural Posture

Application for Consent to Special Medical Treatment / Final Decision After Hearing

Legal Issues

  1. 1 Whether GKB is incapable of giving consent to the carrying out of special medical treatment (termination of pregnancy) under the Guardianship Act 1987 (NSW)
  2. 2 Whether GKB understands the general nature and effect of the proposed treatment
  3. 3 Whether Part 5 of the Guardianship Act 1987 (NSW) applies

Ratio Decidendi

The Tribunal was not satisfied that GKB was incapable of understanding the general nature and effect of the proposed treatment. Evidence showed that GKB was able to express her wish to terminate the pregnancy, comprehend the basic aspects and consequences of the procedure, and had not been subject to undue influence or coercion. Therefore, Part 5 of the Guardianship Act 1987 (NSW) did not apply and the application was dismissed.

Court Disposition

Application dismissed

Orders

  • The application seeking consent for special medical treatment for GKB is dismissed after hearing because the Tribunal was not satisfied that GKB is incapable of giving consent to the carrying out of the treatment.