(1) A guardian who has power to give for a person a consent required for medical treatment involving treatment, care or support under the Mental Health Act 2015
may consent to that treatment only if the person—
(a) does not have decision-making capacity under that Act; and
(b) does not have an advance consent direction under that Act authorising the treatment; and
(c) expresses willingness to receive the treatment.
(2) A consent must be in writing.
Note If a form is approved under s 75A for this provision, the form must be used.
(3) A consent must be for a stated period, of not longer than 6 months, but can be renewed (and further renewed) for another stated period of not longer than 6 months.
(4) In considering the stated period necessary for a consent to treatment, a health professional who is giving the treatment must take into account—
(a) whether, and when, the person is likely to regain decision-making capacity under the Mental Health Act 2015
; and
(b) the likely duration of the treatment, care or support required; and
(c) the content of any advance consent direction in force for the person.
(5) The health professional must tell the ACAT and the public advocate in writing about a consent, including the stated period.
Note If a form is approved under s 75A for this provision, the form must be used.
(6) If a consent is not renewed at the end of its stated period, the health professional must tell the ACAT in writing.
(7) The ACAT—
(a) must, on application, review a consent; and
(b) may, at any time on its own initiative, review a consent.
(8) A consent ends before the end of its stated period if—
(a) the ACAT directs that the consent be withdrawn; or
(b) subsection (1) (a), (b) or (c) no longer apply to the person.
Note The chief psychiatrist or another relevant person may apply for a mental health order in relation to the person (see Mental Health Act 2015
, s 51).