Guardianship and Management of Property Act 1991

If the ACAT has made an order under section 69 (2) in relation to a person, it may, on application, by order, consent to a prescribed medical procedure (other than electroconvulsive therapy or psychiatric surgery) for the person if it is satisfied that—

the procedure is otherwise lawful; and

the person is not competent to give consent and is not likely to become competent in the foreseeable future; and

the procedure would be in the person’s best interests; and

the person, the guardian and any other person whom the ACAT considers should have notice of the proposed procedure are aware of the application for consent.

Note If a prescribed medical procedure is restricted medical treatment under the Variation in Sex Characteristics (Restricted Medical Treatment) Act 2023, the procedure may only be undertaken in accordance with a treatment plan approved under that Act (see that Act, s 10 and s 27).

The ACAT must appoint the person’s guardian, or the public trustee and guardian or some other independent person, to represent the person in relation to the hearing relating to an order for consent under subsection (1).

In deciding whether a particular procedure would be in the person’s best interests, the matters that the ACAT must take into account include—

the wishes of the person, so far as they can be ascertained; and

what would happen if it were not carried out; and

what alternative treatments are available; and

whether it can be postponed because better treatments may become available; and

for a transplantation of tissue—the relationship between the 2 people.

The ACAT must not consent to the removal of non-regenerative tissue for transplantation to the body of another living person unless, in addition to the matters specified in subsection (1) (a) to (d), it is satisfied that—

the risk to the person from whom the tissue is to be taken is small; and

the risk of failure of the transplant is low; and

the life of the person to whose body the tissue is to be transplanted would be in danger if the transplant were not made; and

it is highly likely that transplanting such tissue from someone else would be unsuccessful.

In an order by which the ACAT consents to the removal of non-regenerative tissue for transplantation to the body of another living person, the ACAT must specify the time and date the order is made.