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 the medical research power of attorney may consent to the principal participating in low-risk research only if the research is approved.

If a principal has made a health direction under the Medical Treatment (Health Directions) Act 2006, when making a decision under this section, the attorney must comply with—

if the health direction is consistent with the power of attorney—the health direction; and

if the health direction is inconsistent with the power of attorney—the document that was made most recently (see Medical Treatment (Health Directions) Act 2006, s 19).

If an attorney makes an application, the ACAT must give an opinion or advice to assist the attorney to decide whether to give consent under subsection (2).