Appropriate health care decision maker
14 Appropriate health care decision maker
If needed to make a health care decision for an adult with impaired decision making capacity, the appropriate health care decision maker is the person specified in section 13 who meets the following criteria:
the person has the highest priority under that section;
the person is an adult;
the person is willing and able to make the decision.
If a guardian with health care authority is appointed for the adult under the Guardianship of Adults Act 2016 after another person had authority as the adult's health care decision maker, the guardian becomes the health care decision maker instead of the other person.
If a person specified in section 13(a) or (b) exists but is not willing and able to make a health care decision, that person must apply to NTCAT for an order under section 41(1)(c), unless it is not reasonably practicable to do so.
The application under subsection (3) must be made as soon as practicable.
The Public Guardian is taken to be the health care decision maker for an adult if an application is required but not made in accordance with subsections (3) and (4).
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