Powers of Attorney Act 2006

This section applies in relation to a medical research power of attorney if the principal has impaired decision-making capacity.

An attorney authorised under a medical research power of attorney for a principal who is asked to consent to the principal participating in medical research or low-risk research must exercise the power in accordance with the following principles (the decision‑making principles):

the principal’s wishes, as far as they can be worked out, must be given effect to, unless making the decision in accordance with the wishes is likely to significantly adversely affect the principal’s interests;

if giving effect to the principal’s wishes is likely to significantly adversely affect the principal’s interests—the attorney must give effect to the principal’s wishes as far as possible without significantly adversely affecting the principal’s interests;

if the principal’s wishes cannot be given effect to at all—the principal’s interests must be promoted;

the principal’s life (including the principal’s lifestyle) must be interfered with to the smallest extent necessary;

the principal must be encouraged to look after themself as far as possible;

the principal must be encouraged to live in the general community, and take part in community activities, as far as possible.

If the principal was participating in medical research or low-risk research before the principal became a person with impaired decision-making capacity, it is presumed the principal’s wishes include to continue participating in the medical research or low-risk research.

Before making a decision, the attorney must consult with each of the principal’s carers.

However, the attorney must not consult with a carer if the consultation would, in the attorney’s opinion, adversely affect the principal’s interests.

Subsection (5) does not limit the consultation that the attorney may carry out.

In this section: