Australian Capital Territory Current Acts

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GUARDIANSHIP AND MANAGEMENT OF PROPERTY ACT 1991 - SECT 32D

Health attorney may give consent

    (1)     This section applies if a health professional believes on reasonable grounds that—

        (a)     a person is a protected person; and

        (b)     while the person is a protected person, the person—

              (i)     needs, or is likely to need, medical treatment; or

              (ii)     would, or is likely to, benefit from participating in low-risk research; and

        (c)     the person does not have an advance consent direction under the Mental Health Act 2015

authorising the treatment.

    (2)     The health professional may ask the health attorney who the health professional believes on reasonable grounds is best able to represent the views of the protected person to give a consent required for the medical treatment or low-risk research.

Note 1     If a form is approved under s 75A for a consent, the form must be used.

Note 2     A health attorney's power to consent to medical treatment for a protected person, or to the protected person participating in low-risk research, must be exercised in a way that is consistent with any existing health direction made by the protected person, unless it is not reasonable to do so (see Medical Treatment (Health Directions) Act 2006

, s 18).

    (3)     A health attorney may consent to the protected person participating in low-risk research only if the research is approved.

    (4)     If, after receiving the information mentioned in section 32G, the health attorney gives consent for the medical treatment or low-risk research, the health professional need not obtain any other consent for the medical treatment or low-risk research.

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

, the health professional may rely on the consent to provide the treatment care or support only for the period allowed under section 32JA.

Note     Special requirements apply for notifying the ACAT if the consent involved mental health treatment, care or support (see s 32JA).



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