Australian Capital Territory Current Acts

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GUARDIANSHIP AND MANAGEMENT OF PROPERTY ACT 1991 - SECT 32I

Referring matters to public trustee and guardian—disagreement between health attorneys

    (1)     This section applies if—

        (a)     before obtaining the consent to medical treatment for a protected person from the health attorney that the health professional believes is best able to represent the views of the protected person, the health professional becomes aware that 1 or more of the other health attorneys for the protected person objects to the giving of consent; and

        (b)     the health professional is not aware of any health direction under the Medical Treatment (Health Directions) Act 2006

that is relevant to the issue of whether consent to the medical treatment should be given or not.

    (2)     The health professional must refer the matter to the public trustee and guardian.

    (3)     On referral of a matter, the public trustee and guardian may do either or both of the following:

        (a)     try to help the available health attorneys reach agreement about consent;

        (b)     apply to the ACAT to be appointed as guardian for the protected person.

    (4)     To remove any doubt, a health professional is not required to seek the views of other health attorneys for a protected person before obtaining the consent of the health attorney that the health professional believes on reasonable grounds is best able to represent the views of the protected person.



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