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s 32H

Referring matters to public trustee and guardian—refusal of consent

In force
Part 2AConsent to medical treatment without formal representation

32H Referring matters to public trustee and guardian—refusal of consent

(1)

This section applies if—

(a)

a health professional has requested a health attorney for a protected person to give consent to medical treatment for the protected person or to the protected person participating in low-risk research; and

(b)

the health professional believes the refusal is inconsistent with a health direction under the Medical Treatment (Health Directions) Act 2006.

(2)

The health professional must refer the matter to the public trustee and guardian.

(3)

On referral of a matter, the public trustee and guardian must—

(a)

if the public trustee and guardian considers the refusal reasonable—take no further action; or

(b)

apply to the ACAT to be appointed as guardian for the protected person.

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