Guardianship and Management of Property Act 1991

This section applies if—

a person (the principal) has made an enduring power of attorney giving power in relation to health care matters or medical research matters; and

the principal has become a person with impaired decision‑making capacity; and

the ACAT appoints a guardian for the principal after the making of the power of attorney; and

the ACAT revokes or suspends the enduring power of attorney, or part of it.

Note The ACAT may revoke the enduring power of attorney, or part of it, under s 62 (2) (c), or suspend the enduring power of attorney, or part of it, under s 62 (2) (d).

If the guardian has power to consent to medical treatment, medical research or low-risk research for the person, the guardian must consider the terms of the enduring power of attorney before the enduring power of attorney, or part of it, was revoked or suspended.

In this section:

health care matter, for a principal—see the Powers of Attorney Act 2006, section 12.

medical research matter, for a principal—see the Powers of Attorney Act 2006, section 12A.