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s 22

Role of Public Guardian

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Part 2Health care decision makers

22 Role of Public Guardian

(1)

The Public Guardian has authority to make a health care decision for an adult if:

(a)

the adult has impaired decision making capacity in relation to the health care decision; and

(b)

the adult has not made an advance consent decision in an advance personal plan in relation to the health care decision; and

(c)

no health care decision maker meets the criteria of section 14(1); and

(d)

no application is made to NTCAT for an order under section 41(1)(c).

(2)

In addition to subsection (1), the Public Guardian has authority to make a health care decision for an adult if:

(a)

appointed as the adult's guardian with health care authority under the Guardianship of Adults Act 2016; or

(b)

appointed as a person with health care authority for the adult under the Advance Personal Planning Act 2013; or

(c)

ordered to be the health care decision maker by NTCAT under section 41(1)(c)(i).

(3)

The following provisions of this Act apply to the making of a health care decision by the Public Guardian under subsections (1) and

(2)

:

(a)

section 15;

(b)

sections 17 to 21;

(c)

sections 27 to 30.

Part 3 Administering health care

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