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s 32

Reliance on consent of adult with unknown impaired decision making capacity

In force
Part 3Administering health care

32 Reliance on consent of adult with unknown impaired decision making capacity

(1)

A health care provider who administers health care to an adult is taken, for all purposes, to have the consent of the adult in relation to that health care if:

(a)

the health care provider relies in good faith on consent purportedly given by the adult; and

(b)

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

(c)

the health care provider does not know, and could not reasonably be expected to know, that the adult has impaired decision making capacity in relation to a decision about the health care.

(2)

Subsection (1) has effect even if administering the health care will hasten the death of the adult.

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