Australian Capital Territory Current Acts

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GUARDIANSHIP AND MANAGEMENT OF PROPERTY ACT 1991 - SECT 36

Assessment of likelihood of principal regaining decision-making capacity

    (1)     The likelihood of a principal regaining decision-making capacity within the period mentioned in section 34 (2) (b) must be assessed by an independent doctor, taking into account—

        (a)     the protected person's medical, mental and physical condition; and

        (b)     the severity of the protected person's condition and the prognosis for the protected person; and

        (c)     the current stage of treatment and care required for the protected person; and

        (d)     any other circumstances relevant to the protected person; and

        (e)     the nature of the medical research, including the type of treatment or care provided by the research and the timeframe for the research.

    (2)     The independent doctor must state, in writing, the doctor's belief whether the protected person is likely to regain decision-making capacity within the period mentioned in subsection (1), and the reasons for the belief.

Note 1     An independent doctor must always give a statement under s (2), regardless of whether the ACAT has made a declaration about the decision-making capacity of a principal for an enduring power of attorney under s 65.

Note 2     In a proceeding, a certificate by an independent doctor under s (2) stating whether a protected person is likely to regain decision-making capacity within the required period is evidence of that fact (see s 72D).

    (3)     In this section:

"independent doctor", in relation to medical research, means a doctor who is not involved in, nor connected to, the research, other than a professional interest in the area of the research.



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