Australian Capital Territory Current Acts

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GUARDIANSHIP AND MANAGEMENT OF PROPERTY ACT 1991 - SECT 4

Principles to be followed by decision-makers

    (1)     This section applies to the exercise by a person (the decision-maker ) of a function under this Act in relation to a person with impaired decision-making ability (the protected person ).

    (2)     The decision-making principles to be followed by the decision-maker are the following:

        (a)     the protected person's wishes, as far as they can be worked out, must be given effect to, unless making the decision in accordance with the wishes is likely to significantly adversely affect the protected person's interests;

        (b)     if giving effect to the protected person's wishes is likely to significantly adversely affect the person's interests—the decision-maker must give effect to the protected person's wishes as far as possible without significantly adversely affecting the protected person's interests;

        (c)     if the protected person's wishes cannot be given effect to at all—the interests of the protected person must be promoted;

        (d)     the protected person's life (including the person's lifestyle) must be interfered with to the smallest extent necessary;

        (e)     the protected person must be encouraged to look after himself or herself as far as possible;

        (f)     the protected person must be encouraged to live in the general community, and take part in community activities, as far as possible.

    (3)     Before making a decision, the decision-maker must consult with each carer of the protected person.

    (4)     However, the decision-maker must not consult with a carer if the consultation would, in the decision-maker's opinion, adversely affect the protected person's interests.

    (5)     Subsection (3) does not limit the consultation that the decision-maker may carry out.



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