MMW [2014] NSWCATGD 34

MMW [2014] NSWCATGD 34

The Tribunal found that Miss MMW is capable of understanding the general nature and effect of the proposed special medical treatment and of indicating her consent, and therefore refused to consent on her behalf.

Parties
Subject Person: Miss MMW; Applicant: Ms SWA
Jurisdiction
Australia
Judgment Date
28 October 2014
Procedural Posture
Guardianship/medical Consent Application / Hearing and Decision
Outcome
Refused consent to special medical treatment
Legal Topics
Consent to Special Medical Treatment, Capacity to Provide Informed Consent
Guardianship Law Medical Law Consent to Special Medical Treatment Capacity to Provide Informed Consent

Case Brief

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Parties

Miss MMW

Subject Person

Ms SWA

Applicant

Procedural Posture

Guardianship/medical Consent Application / Hearing and Decision

Legal Issues

  1. 1 Whether Miss MMW is capable of giving informed consent to the proposed special medical treatment (hysterectomy with ovarian conservation)
  2. 2 Whether the Tribunal should consent to special medical treatment under section 44 of the Guardianship Act 1987 (NSW)

Ratio Decidendi

The Tribunal found that Miss MMW is capable of understanding the general nature and effect of the proposed special medical treatment and of indicating her consent, and therefore refused to consent on her behalf.

Court Disposition

Refused consent to special medical treatment

Orders

  • Consent to special medical treatment (hysterectomy with ovarian conservation) for Miss MMW as proposed by Ms SWA is refused, as Miss MMW is capable of giving her own consent.