Benefit to third party
21 Benefit to third party
A health care decision maker may exercise authority under this Act in a way that benefits a person other than the adult with impaired decision making capacity if:
the benefit to the other person is of a kind that the adult with impaired decision making capacity:
provided to the other person before their decision making capacity became impaired; or
might reasonably be expected to provide to the other person but for the impaired decision making capacity; and
providing the benefit to the other person:
would be reasonable in the circumstances; and
would not have a significantly adverse effect on the best interests of the adult with impaired decision making capacity.
Example for section 21
A health care decision maker might consent to the adult with impaired decision making capacity donating bone marrow to treat a child of the adult with leukaemia, even though doing so may involve some risk to the adult.
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