Capacity to consent to medical etc procedures
69 Capacity to consent to medical etc procedures
If—
the guardian for a person has the power to give for the person a consent required for a medical procedure or other treatment under section 7 (4) (e); or
a declaration that a person is not competent to give a consent required for a prescribed medical procedure is in force under subsection (2);
the person is not competent to give such a consent for the procedure or treatment.
If a guardian is appointed for a person, the ACAT may, by order, declare that the person is not competent to give a consent required for a prescribed medical procedure.
If a person, who is not competent to do so, purports to consent to the performance of a medical procedure or the provision of other treatment for the person by a doctor, no action or proceeding, civil or criminal, lies against the doctor only because of the performance of the procedure or the provision of the treatment without the person’s consent if—
the doctor did not know, or could not reasonably be expected to know, that the person was not competent to give the consent required; and
the doctor otherwise acted in good faith in performing the procedure or providing the treatment.
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