Who is allied person if client does not have capacity to choose
26 Who is allied person if client does not have capacity to choose
This section applies if the administrator is satisfied a forensic disability client does not have the capacity to choose an allied person.
If the client, by an advance health directive, has directed that a stated person be the client’s allied person under this Act, the stated person is the client’s allied person for this Act.
If subsection (2) does not apply to the client, the administrator must choose a person (other than a forensic disability service employee) to be the client’s allied person.
The person chosen must be—
the first person in listed order of the persons mentioned in section 25 who is willing, readily available, capable and culturally appropriate to be the allied person; or
if no-one in the list is willing, readily available, capable and culturally appropriate to be the allied person—the public guardian under the Public Guardian Act 2014.
This Act’s bill:Explanatory memorandumSecond reading speech
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