Guardianship and Management of Property Act 1991

In this part:

carer, for a protected person—see section 32C.

close relative or close friend, of a person, means a relative or someone else in a close personal relationship with the person who has frequent contact with the person and a personal interest in the person’s welfare but does not receive remuneration or reward for the contact.

domestic partner, of a person, means a domestic partner who is in a close and continuing relationship with the person.

Note For the meaning of domestic partner, see the Legislation Act, s 169. Domestic partner includes a spouse, civil union partner or civil partner.

health attorney, for a protected person—see section 32B (1).

health professional means—

in relation to medical treatment involving treatment, care or support under the Mental Health Act 2015—a mental health professional under that Act; and

in any other case—a doctor or dentist.

medical treatment—

includes—

a medical procedure or treatment; and

dental treatment; and

a series of procedures or courses of treatment; and

medical treatment involving treatment, care or support under the Mental Health Act 2015; but

does not include—

a prescribed medical procedure; or

medical research; or

low-risk research.

priority order, for health attorneys for a protected person—see section 32B (3).

protected person means an adult—

who has impaired decision-making ability for the giving of consent to medical treatment; and

who has not appointed an attorney with authority to give consent for medical treatment by an enduring power of attorney under—

the Powers of Attorney Act 2006; or

a law of a State or of another Territory, or a law of a prescribed country, that corresponds, or substantially corresponds, to the Powers of Attorney Act 2006; and

for whom the ACAT has not appointed a guardian under this Act with authority to—

give consent to medical treatment not involving consent for treatment, care or support under the Mental Health Act 2015; or

give consent for medical treatment involving treatment, care or support under the Mental Health Act 2015.

remuneration or reward does not include a carer’s pension.