Australian Capital Territory Current Acts

GUARDIANSHIP AND MANAGEMENT OF PROPERTY ACT 1991 - SECT 32A

In this part:

"carer", for a protected person—see section 32C.

"close relative or close friend", of a person, means a relative or someone else in a close personal relationship with the person who has frequent contact with the person and a personal interest in the person's welfare but does not receive remuneration or reward for the contact.

"domestic partner", of a person, means a domestic partner who is in a close and continuing relationship with the person.

Note     For the meaning of domestic partner , see the Legislation Act

, s 169. Domestic partner includes a spouse, civil union partner or civil partner.

"health attorney", for a protected person—see section 32B (1).

"health professional" means—

        (a)     in relation to medical treatment involving treatment, care or support under the Mental Health Act 2015

—a mental health professional under that Act; and

        (b)     in any other case—a doctor or dentist.

"medical treatment"—

        (a)     includes—

              (i)     a medical procedure or treatment; and

              (ii)     dental treatment; and

              (iii)     a series of procedures or courses of treatment; and

              (iv)     medical treatment involving treatment, care or support under the Mental Health Act 2015

; but

        (b)     does not include—

              (i)     a prescribed medical procedure; or

              (ii)     medical research; or

              (iii)     low-risk research.

"priority order", for health attorneys for a protected person—see section 32B (3).

"protected person" means an adult—

        (a)     who has impaired decision-making ability for the giving of consent to medical treatment; and

        (b)     who has not appointed an attorney with authority to give consent for medical treatment by an enduring power of attorney under—

              (i)     the Powers of Attorney Act 2006

; or

              (ii)     a law of a State or of another Territory, or a law of a prescribed country, that corresponds, or substantially corresponds, to the Powers of Attorney Act 2006

; and

        (c)     for whom the ACAT has not appointed a guardian under this Act with authority to—

              (i)     give consent to medical treatment not involving consent for treatment, care or support under the Mental Health Act 2015

; or

              (ii)     give consent for medical treatment involving treatment, care or support under the Mental Health Act 2015

.

"remuneration or reward" does not include a carer's pension.