Australian Capital Territory Current Acts

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GUARDIANSHIP AND MANAGEMENT OF PROPERTY ACT 1991 - SECT 70A

Restrictions on consent by guardian to mental health treatment, care or support

    (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        (a)     the ACAT directs that the consent be withdrawn; or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).



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